Washington 2025-2026 Regular Session Status: Passed Senate Bipartisan · 10 R · 2 D cosponsors

SB 5071 — Updating the endangerment with a controlled substance statute.

Last action — By resolution, returned to Senate Rules Committee for third reading.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Senate. Introduced December 16, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the House.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · high confidence

  • Passed Senate

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

79 added · 210 removed

Plain-language change summary

The recently amended SB 5071 expands the definition of endangerment with a controlled substance to specifically include fentanyl and synthetic opioids. It has removed previous references to methamphetamine as the sole focus of concern. This change matters because it addresses the growing issue of opioid exposure among vulnerable populations, particularly children and dependent adults, thereby enhancing protections for those at risk. Ultimately, it reflects a broader understanding of substances that can harm these groups and emphasizes the need for comprehensive oversight in cases of substance exposure.

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ENGROSSED SUBSTITUTE SENATE BILL 5071 State of Washington 69th Legislature 2025 Regular Session By Senate Law & Justice (originally sponsored by Senators Braun, Dhingra, Christian, Dozier, Fortunato, Gildon, King, Krishnadasan, McCune, Wagoner, Warnick, and J.
S-0092.2 SENATE BILL 5071 State of Washington 69th Legislature 2025 Regular Session By Senators Braun, Dhingra, Christian, Dozier, Fortunato, Gildon, King, Krishnadasan, McCune, Wagoner, Warnick, and J.
Wilson) READ FIRST TIME 01/24/25.
Wilson Prefiled 12/16/24.
AN ACT Relating to updating the endangerment with a controlled substance statute to include fentanyl or synthetic opioids;
Read first time 01/13/25.
and amending RCW 9A.42.100 and 9.94A.655.
Referred to Committee on Law & Justice.
AN ACT Relating to updating the endangerment with a controlled substance statute;
amending RCW 9A.42.100;
and reenacting and amending RCW 9A.42.010.
RCW 9A.42.100 and 2005 c 218 s 4 are each amended to read as follows:
RCW 9A.42.010 and 2020 c 18 s 7 are each reenacted and amended to read as follows:
(1) A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or ((intentionally)) recklessly permits a ((dependent)) child or dependent adult to be exposed to, ingest, inhale, absorb, or have contact with ((methamphetamine)):
As used in this chapter:
(a) Fentanyl or synthetic opioids, or the smoke of a substance that the person knows, or reasonably should know, contains, or is contaminated with, fentanyl or synthetic opioids, excepting medications administered or provided during the delivery of health care services or pursuant to a valid prescription;
(1) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.
or (b) Methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers.
(2) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.
(3)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;
(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;
1 ESSB 5071 (2) The department of children, youth, and families and any employees, interns, volunteers, or contractors of the department acting in the scope of their role are exempt from any criminal liability within this section.
1 SB 5071 (c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.
(3) In any case where the defendant is charged with endangerment with a controlled substance under RCW 9A.42.100, and the defendant has not previously been convicted of endangerment with a controlled substance, the court shall grant a defendant's motion for a parenting sentencing alternative, if the defendant otherwise qualifies under RCW 9.94A.655.
(4) "Child" means a person under eighteen years of age.
If the defendant has previously been convicted of endangerment with a controlled substance, and otherwise qualifies, the court may grant a defendant's motion for a parenting sentencing alternative under RCW 9.94A.655.
(5) "Controlled substance" has the same meaning as in RCW 69.50.101.
Nothing in this section prevents the defendant from seeking to resolve charges through other available therapeutic courts or sentencing alternatives including, but not limited to, RCW 9.94A.660.
(6) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life.
(4) Endangerment with a controlled substance is a class B felony.
A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(((22))) (21), is presumed to be a dependent person for purposes of this chapter.
(((6))) (7) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life.
A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.
(((7))) (8) "Good samaritan" means any individual or group of individuals who:
(a) Is not related to the dependent person;
(b) voluntarily provides assistance or services of any type to the dependent person;
(c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate;
and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.
(((8))) (9) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
RCW 9.94A.655 and 2020 c 137 s 2 are each amended to read as follows:
RCW 9A.42.100 and 2005 c 218 s 4 are each amended to read as follows:
(1) An offender is eligible for the parenting sentencing alternative if:
(1) A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or ((intentionally)) recklessly permits a ((dependent)) child or dependent adult to ((be exposed to,)) ingest, inhale, absorb, or have contact with ((methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that p.
(a) The high end of the standard sentence range for the current offense is greater than one year;
2 SB 5071 are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers.)) a controlled substance other than cannabis, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(b) The offender has no prior or current conviction for:
(2) Administering or providing a controlled substance to a child or dependent adult in the course of delivering health care services is not a violation of this section.
A felony sex offense;
(3) The department of children, youth, and families and any employees, interns, volunteers, or contractors of the department acting in the scope of their role are exempt from any criminal liability within this section.
a serious violent offense;
(4) Endangerment with a controlled substance is a class B felony.
or a felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense;
(c) The offender has no current conviction for a violent offense;
(d) The offender signs any release of information waivers required to allow information regarding current or prior child welfare cases to be shared with the department and the court;
and (e) The offender is:
(i) A parent with physical custody of a minor child;
(ii) An expectant parent;
(iii) A legal guardian of a minor child;
or (iv) A biological parent, adoptive parent, custodian, or stepparent with a proven, established, ongoing, and substantial relationship with a minor child that existed at the time of the offense.
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2 ESSB 5071 (2) Prior juvenile adjudications are not considered offenses when considering eligibility under this section, except for any sex offense, serious violent offense, or felony offense where the offender was armed with a firearm or deadly weapon in the commission of the offense.
(3)(a) If an eligible defendant moves for a parenting sentencing alternative, the sentencing court shall determine whether the sentencing alternative is appropriate and should be imposed.
(b) If the eligible defendant is charged with endangerment with a controlled substance under RCW 9A.42.100 and the defendant has not previously been convicted of endangerment with a controlled substance, the court shall grant a defendant's motion for a parenting sentencing alternative, if the defendant otherwise qualifies.
(4) To assist the court in ((making its determination)) determining whether the parenting sentencing alternative is appropriate and should be imposed, the court may order the department to complete a risk assessment report, including a family impact statement, or a chemical dependency screening report as provided in RCW 9.94A.500 prior to sentencing.
(((4))) (5) If the court is considering this alternative, the court shall request that the department contact the department of children, youth, and families to determine if the agency has an open child welfare case or prior substantiated referral of abuse or neglect involving the offender or if the agency is aware of any substantiated case of abuse or neglect with a tribal child welfare agency involving the offender.
(a) If the offender has an open child welfare case or child abuse or neglect investigation, the department will provide the release of information waiver and request that the department of children, youth, and families or the tribal child welfare agency provide a report to the court.
The department of children, youth, and families shall, within seven business days of the request:
Provide a copy of the most recent court order entered in proceedings under chapter 13.34 or 13.36 RCW pertaining to the offender, and provide a report regarding whether the offender has been cooperative with services ordered by the court in those proceedings;
or, if there is no court order or there has not been court involvement, provide a report that includes, at the minimum, the following:
(i) Legal status of the child welfare case or child protective services response;
p.
3 ESSB 5071 (ii) Length of time the department of children, youth, and families has had an open child welfare case or child protective services response involving the offender;
and (iii) Any special needs of the child.
(b) The department shall report to the court if the offender has been convicted of a crime against a child.
(c) If a report is required from a tribal child welfare agency, the department shall attempt to obtain information that is similar to what is required for the report provided by the department of children, youth, and families in a timely manner.
(d) ((If the offender does not have)) Whether or not the offender has an open child welfare case with the department of children, youth, and families or with a tribal child welfare agency ((but has prior involvement)), the department will obtain information from the department of children, youth, and families on the number and type of past substantiated referrals of abuse or neglect and report that information to the court.
For each past substantiated referral, the department will provide the release of information waiver and request that the department of children, youth, and families or the tribal child welfare agency provide a report to the court.
Within seven business days of the request, the department of children, youth, and families shall provide, as applicable, a court order and a report containing the information required under subsection (5)(a) of this section.
If the department of children, youth, and families has never had any substantiated referrals or an open case with the offender, the department will inform the court.
(e) The existence of a prior substantiated referral of child abuse or neglect or of an open child welfare case does not, alone, disqualify the parent from applying or participating in this alternative.
The court shall consider whether the child-parent relationship can be readily maintained during parental incarceration, and whether, due to the existence of an open child welfare case, parental incarceration exacerbates the likelihood of termination of the child-parent relationship.
(((5) If the sentencing court determines that the offender is eligible for a sentencing alternative under this section and that the sentencing alternative is appropriate and should be imposed)) (6) If the court is considering this alternative, the court shall obtain and consider any guardian ad litem reports from any proceedings under chapter 26.12 RCW in which the offender is a party.
p.
4 ESSB 5071 (7) When a court imposes the parenting sentencing alternative, the court shall waive imposition of a sentence within the standard sentence range and impose a sentence consisting of twelve months of community custody.
The court shall consider the offender's criminal history when determining if the alternative is appropriate.
The court shall also give great weight to the minor child's best interest.
(((6))) (8) When a court imposes a sentence of community custody under this section:
(a) The court may impose conditions as provided in RCW 9.94A.703 and may impose other affirmative conditions as the court considers appropriate.
(b) The department may impose conditions as authorized in RCW 9.94A.704 that may include, but are not limited to:
(i) Parenting classes;
(ii) Chemical dependency treatment;
(iii) Mental health treatment;
(iv) Vocational training;
(v) Change programs;
(vi) Life skills classes.
(c) The department shall report to the court if the offender commits any violations of his or her sentence conditions.
(((7))) (9) The department shall provide the court with quarterly progress reports regarding the offender's progress in required programming, treatment, and other supervision conditions.
When an offender has an open child welfare case, the department will seek to coordinate services with the department of children, youth, and families.
(((8))) (10)(a) The court may bring any offender sentenced under this section back into court at any time during the period of community custody on its own initiative to evaluate the offender's progress in treatment, or to determine if any violations of the conditions of the sentence have occurred.
(b) At the commencement of such a hearing, the court shall advise the offender sentenced under this section of the offender's right to assistance of counsel and appoint counsel if the offender is indigent.
(c) If the offender is brought back to court, the court may modify the conditions of community custody or impose sanctions under (d) of this subsection, including extending the length of participation in the alternative program by no more than six months.
p.
5 ESSB 5071 (d) The court may order the offender to serve a term of total confinement within the standard range of the offender's current offense at any time during the period of community custody, if the offender violates the conditions or requirements of the sentence or if the offender is failing to make satisfactory progress in treatment.
(e) An offender ordered to serve a term of total confinement under (d) of this subsection shall receive credit for any time previously served in confinement under this section.
(f) An offender sentenced under this section is subject to all rules relating to earned release time with respect to any period served in total confinement.
(((9))) (11) The state and its agencies, officers, agents, or employees are not liable for the acts of offenders participating in the sentencing alternative under this section unless the state or its agencies, officers, agents, or employees act with willful disregard of a known risk of immediate harm.
(((10))) (12) For the purposes of this section:
(a) "Expectant parent" means a pregnant or other parent awaiting the birth of his or her child, or an adoptive parent or person in the process of a final adoption.
(b) "Minor child" means a child under the age of eighteen.
6 ESSB 5071
3 SB 5071
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Action History

  1. By resolution, returned to Senate Rules Committee for third reading.

  2. First reading, referred to Community Safety.

  3. Third reading, passed; yeas, 40; nays, 9; absent, 0; excused, 0.

  4. Rules suspended. Placed on Third Reading.

  5. Floor amendment(s) adopted.

  6. Returned to second reading for amendment.

  7. Rules suspended.

  8. Placed on third reading by Rules Committee.

  9. By resolution, reintroduced and retained in present status.

  10. By resolution, returned to Senate Rules Committee for third reading.

  11. First reading, referred to Community Safety.

  12. Third reading, passed; yeas, 42; nays, 7; absent, 0; excused, 0.

  13. Rules suspended. Placed on Third Reading.

  14. 1st substitute bill substituted (LAW 25).

  15. Placed on second reading by Rules Committee.

  16. Passed to Rules Committee for second reading.

  17. LAW - Majority; 1st substitute bill be substituted, do pass.

  18. Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

  19. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  20. First reading, referred to Law & Justice.

  21. Prefiled for introduction.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 139 not signed on · 9 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#20)

Passed 40 Yea · 9 Nay
Party YeaNayPresentNot Voting
Democrat 21900
Republican 19000
Total 40900
% of votes cast 82%18%0%0%
How each member voted (49)
Member Party Vote
Adrian Cortes Democrat Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Nay
Claudia Kauffman Democrat Nay
Deborah Krishnadasan Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Nay
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Jessica Bateman Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marcus Riccelli Democrat Yea
Marko Liias Democrat Yea
Mike Chapman Democrat Nay
Noel Frame Democrat Nay
Rebecca Saldaña Democrat Nay
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Nay
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Nay
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Goehner Republican Yea
Keith Wagoner Republican Yea
Leonard Christian Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Paul Harris Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

3rd Reading & Final Passage (#16)

Passed 42 Yea · 7 Nay
Party YeaNayPresentNot Voting
Democrat 23700
Republican 19000
Total 42700
% of votes cast 86%14%0%0%
How each member voted (49)
Member Party Vote
Adrian Cortes Democrat Yea
Annette Cleveland Democrat Yea
Bill Ramos Democrat Yea
Bob Hasegawa Democrat Nay
Claire Wilson Democrat Nay
Claudia Kauffman Democrat Nay
Deborah Krishnadasan Democrat Yea
Derek Stanford Democrat Yea
Drew Hansen Democrat Yea
Emily Alvarado Democrat Yea
Jamie Pedersen Democrat Yea
Javier Valdez Democrat Yea
Jesse Salomon Democrat Yea
Jessica Bateman Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marcus Riccelli Democrat Yea
Marko Liias Democrat Yea
Mike Chapman Democrat Yea
Noel Frame Democrat Nay
Rebecca Saldaña Democrat Nay
Sharon Shewmake Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Nay
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Yasmin Trudeau Democrat Nay
Chris Gildon Republican Yea
Curtis King Republican Yea
Drew MacEwen Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Yea
Jim McCune Republican Yea
John Braun Republican Yea
Judy Warnick Republican Yea
Keith Goehner Republican Yea
Keith Wagoner Republican Yea
Leonard Christian Republican Yea
Mark Schoesler Republican Yea
Matt Boehnke Republican Yea
Nikki Torres Republican Yea
Paul Harris Republican Yea
Perry Dozier Republican Yea
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Yea

Official roll call →

Subjects

public-safety health-insurance
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Frequently asked questions

Who sponsors SB 5071?
SB 5071 is sponsored by Jeff Wilson (Republican), Judy Warnick (Republican), Keith Wagoner (Republican), Jim McCune (Republican), Deborah Krishnadasan (Democrat), Curtis King (Republican), Chris Gildon (Republican), Phil Fortunato (Republican), Perry Dozier (Republican), Leonard Christian (Republican), Manka Dhingra (Democrat), and John Braun (Republican).
What is the current status of SB 5071?
This bill has passed the Senate. Introduced December 16, 2024. It now moves to the second chamber.
Where can I track SB 5071?
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