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ENGROSSED SENATE BILL NO. 6012
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AS AMENDED BY THE FREE CONFERENCE OMMITTEE
C 277 L 87
State of Washington 50th Legislature 1987 Regular Session
By Senators McCaslin and Tanner
Read first time 2/26/87 and referred to Committee on Judiciary.
AN ACT Relating to indecent exposure; and amending RCW 9A.88.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 9A.88.010, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.88.010 are each amended to read as follows:
(1) A
person is guilty of ((public indecency)) indecent exposure if he intentionally
makes any open and obscene exposure of his person or the person of another
knowing that such conduct is likely to cause reasonable affront or alarm.
(2) ((Public
indecency)) Indecent exposure is a misdemeanor unless such person
exposes himself to a person under the age of fourteen years in which case ((indecency))
indecent exposure is a gross misdemeanor. Sec. 2. Section 1, chapter 198, Laws of 1969
ex. sess. as last amended by section 3, chapter 267, Laws of 1985 and by
section 9, chapter 303, Laws of 1985 and RCW 10.31.100 are each reenacted
amended to read as follows:
A police
officer having probable cause to believe that a person has committed or is
committing a felony shall have the authority to arrest the person without a
warrant. A police officer may arrest a person without a warrant for committing
a misdemeanor or gross misdemeanor only when the offense is committed in the
presence of the officer, except as provided in subsections (1) through (((5)))
(6) of this section.
(1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis shall have the authority to arrest the person.
(2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that:
(a) An order has been issued of which the person has knowledge under RCW 10.99.040(2), 10.99.050, 26.09.060, chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence or excluding the person from a residence; or
(b) The person is eighteen years or older and within the preceding four hours has assaulted that person's spouse, former spouse, or a person eighteen years or older with whom the person resides or has formerly resided and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that spouses, former spouses, or other persons who reside together or formerly resided together have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved.
(3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person:
(a) RCW 46.52.010, relating to duty on striking an unattended car or other property;
(b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs;
(e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;
(f) RCW 46.61.525, relating to operating a motor vehicle in a negligent manner.
(4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation.
(5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 88.02.095 shall have the authority to arrest the person.
(6) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person.
(7) Except as specifically provided in subsections (2), (3), and (4) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.
(((7)))
(8) No police officer may be held criminally or civilly liable for
making an arrest pursuant to RCW 10.31.100(2) if the police officer acts in
good faith and without malice.