SB 5618 — Concerning arrest of sixteen and seventeen year olds for domestic violence assault.

S-1438.2SUBSTITUTES-0852.2SENATE SENATE BILL 5618State of Washington65th Legislature2017 Regular SessionBy Senate Human Services, Mental Health & Housing (originally sponsored by Senators Darneille and Keiser)READKeiserRead FIRSTfirst TIMEtime 02/17/17.AN02/01/17. ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault;

Referred to Committee on Human Services, Mental Health & Housing.AN ACT Relating to arrest of sixteen and seventeen year olds for domestic violence assault;

and (C) the history of domestic violence of each person involved, including whether the conduct was part of an ongoing pattern of abuse.(3) ((A)) Any police officer ((shall,shall, at the request of a parent or guardian,))guardian, may arrest ((the))the a person who is sixteen or seventeen yearsyear old ((childchild of that parent or guardian))guardian if the officer has probable cause to believe that the ((child))child person has assaulted a family or household member as defined in RCW 10.99.020 in the preceding four hours and the officer believes:

Nothing in this subsection removes,removes or otherwise limits, a police officer's existing authority provided in this section to make an arrest.(4) 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 46.61.503 or 46.25.110, relating to persons having alcohol or THC in their system;(f) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked;(g) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner.(5) 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.(6)(a) A law enforcement officer investigating at the scene of a motor vessel accident may arrest the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a criminal violation of chapter 79A.60 RCW.(b) A law enforcement officer investigating at the scene of a motor vessel accident may issue a citation for an infraction to the operator of a motor vessel involved in the accident if the officer has probable cause to believe that the operator has committed, in connection with the accident, a violation of any boating safety law of chapter 79A.60 RCW.(7) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person.(8) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction.

The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington.(9) 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.(10) A police officer may 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 an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order.(11) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person.(12) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person.For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).(13) A law enforcement officer having probable cause to believe that a person has committed a violation under RCW 77.15.160(4) may issue a citation for an infraction to the person in connection with the violation.(14) A law enforcement officer having probable cause to believe that a person has committed a criminal violation under RCW 77.15.809 or 77.15.811 may arrest the person in connection with the violation.(15) Except as specifically provided in subsections (2), (4), (5), and (8) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW.(16) No police officer may be held criminally or civilly liable for making an arrest pursuant to subsection (2) or (10) of this section if the police officer acts in good faith and without malice.(17)(a) Except as provided in (b) of this subsection, a police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and the police officer has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years.(b) A police officer is not required to keep in custody a person under (a) of this subsection if the person requires immediate medical attention and is admitted to a hospital.(18)hospital.(((18) A juvenile detention facility shall book into detention any person under age eighteen brought to that detention facility pursuant to an arrest for assaulting a family or household member as defined in RCW 10.99.020.---10.99.020.))--- END ---