SB 5143 — Concerning the authorized removal, safe keeping, and return of firearms and ammunition by law enforcement during and after domestic violence incidents.

S-1031.2SUBSTITUTES-0421.1SENATE SENATE BILL 5143State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Law & Justice (originally sponsored by Senators Dhingra, Wellman, Das, Keiser, Palumbo, Darneille, Kuderer, and Saldaña)READSaldañaPrefiled FIRST01/11/19.Read TIMEfirst 01/25/19.ANtime 01/14/19.Referred to Committee on Law & Justice.AN ACT Relating to the authorized removal, safekeeping, and return of firearms and ammunition by law enforcement during and after domestic violence incidents;

The commission shall make the training program available to all law enforcement agencies in the state.(4) Development of the training in subsections (2) and (3) of this section shall be conducted in conjunction with agencies having a primary responsibility for serving victims of domestic violence with emergency shelter and other services, and representatives to the statewide organization providing training and education to these organizations and to the general public.))public.(5))) The primary duty of peace officers, when responding to a domestic violence situation, is to enforce the laws allegedly violated and to protect the complaining party.(((6)))(2)(a) When a peace officer responds to a domestic violence call and has probable cause to believe that a crime has been committed, the peace officer shall exercise arrest powers with reference to the criteria in RCW 10.31.100.

The parties in such cases shall also be advised of the importance of preserving evidence.(b) A peace officer responding to a domestic violence call shall take a complete offense report including the officer's disposition of the case.(((7)))(3)(a) A peace officer who responds to a domestic violence call and has probable cause to believe that a crime has been committed shall,shall to the extent feasible and otherwise allowed by law, seize all firearms and ammunition the peace officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense and may seize all firearms and ammunition in plain sight or discovered pursuant to a consensual or other lawful search.(b) A law enforcement agency shall comply with the provisions of RCW 9.41.340 and 9.41.345 before the return of any firearm or ammunition seized under this subsection to the owner or individual from who the firearm or ammunition was obtained.(4) When a peace officer responds to a domestic violence call, the officer shall advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community, and giving each person immediate notice of the legal rights and remedies available.

and))(6)and(c) AnTo appointedrequire orthat, electedin publicconsultation official,with publicinterested employee,persons, orthe publicWashington agencyassociation as defined in RCW 4.24.470, or units of localsheriffs government and itspolice employees,chiefs asprepare providedand indisseminate RCWprocedures 36.28A.010,to areall immunelaw fromenforcement civilagencies liabilityin forthe damagesstate arisingas outto ofhow the seizureagencies orshall failurecode toand seizereport adomestic firearm,violence unlessincidents itto is shown that the official,Washington employee,association orof agencysheriffs actedand withpolice grosschiefs.))NEW negligence or in bad faith.NEW SECTION.  Sec.