Bill Summary – FastDemocracy

H-3015.1
                           SUBSTITUTE HOUSE BILL 2390
     State of Washington         68th Legislature       2024 Regular Session
     By House Community Safety, Justice, & Reentry (originally sponsored
     by Representatives Shavers and Rule)
     READ FIRST TIME 01/31/24.
      AN ACT Relating to penalties related to eluding police vehicles
  and resisting arrest; amending RCW 46.55.113, 46.55.360, 46.55.370,
  13.40.040, 9.94A.501, 9.94A.701, 9.94A.703, and 13.40.210; adding a
  new section to chapter 46.61 RCW; and adding a new section to chapter
  10.21 RCW.
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.   Sec. 1.   A new section is added to chapter 46.61
 RCW to read as follows:
     (1) A vehicle used to commit the crime of attempting to elude a
 police vehicle is subject to impoundment as provided for in chapter
 46.55 RCW.
     (2) If an operator has previously had a vehicle impounded due to
 attempting to elude a police vehicle, regardless of whether a
 criminal charge or a conviction resulted from that conduct, and the
 operator is convicted of a subsequent offense of attempting to elude
 a police vehicle or a comparable municipal ordinance, the vehicle
 operated by the operator is subject to forfeiture as follows:
     (a) No property may be forfeited under this section until after
 the operator is convicted of the crime of attempting to elude a
 police vehicle under RCW 46.61.024 and a finding is made that the
 operator used the vehicle to commit such crime.
                                       p. 1                         SHB 2390
     (b) A forfeiture of property encumbered by a bona fide security
 interest is subject to the interest of the secured party if at the
 time the security interest was created, the secured party neither had
 knowledge of nor consented to the commission of the offense.
     (c) A vehicle subject to forfeiture under this section may be
 seized by any law enforcement officer of this state upon process
 issued by any court having jurisdiction over the property. However,
 seizure of the vehicle may be made without process if:
     (i) The seizure is incident to an arrest or search under a search
 warrant; or
     (ii) The vehicle subject to seizure has been the subject of a
 prior judgment in favor of the seizing agency in a forfeiture
 proceeding based on this section; or
     (iii) A law enforcement officer has probable cause to believe
 that the vehicle was used or is intended to be used in the commission
 of a felony.
     (d) In the event of a seizure pursuant to this section,
 proceedings for forfeiture shall be deemed commenced by the seizure.
 The law enforcement agency under whose authority the seizure was made
 shall cause notice to be serviced within 15 days following the
 seizure on the owner of the property seized and the person in charge
 thereof and any person having any known right or interest therein,
 including any community property interest, of the seizure and
 intended forfeiture of the seized property. The notice of the seizure
 may be served by any method authorized by law or court rule
 including, but not limited to, service by certified mail with return
 receipt requested. Service by mail shall be deemed complete upon
 mailing within the 15-day period following the seizure. Notice of
 seizure in the case of property subject to a security interest that
 has been perfected by filing a financing statement in accordance with
 chapter 62A.9A RCW, or a certificate of title shall be made by
 service upon the secured party or the secured party's assignee at the
 address shown on the financing statement or the certificate of title.
     (e) If no person notifies the seizing law enforcement agency in
 writing of the person's claim of ownership or right to possession of
 items specified in subsection (1) of this section within 60 days of
 the seizure, the item seized shall either be deemed forfeited if the
 operator is convicted as provided for in this section, or the vehicle
 shall be returned to the owner of record if the operator is not
 convicted as provided for in (a) of this subsection.
                                     p. 2                         SHB 2390
     (f) If a person notifies the seizing law enforcement agency in
 writing of the person's claim of ownership or right to possession of
 the seized property within 60 days of the seizure, the law
 enforcement agency shall give the person or persons a reasonable
 opportunity to be heard as to the claim or right. The hearing shall
 be before the chief law enforcement officer of the seizing agency or
 the chief law enforcement officer's designee, except where the
 seizing agency is a state agency as defined in RCW 34.12.020, the
 hearing shall be before the chief law enforcement officer of the
 seizing agency or an administrative law judge appointed under chapter
 34.12 RCW, except that any person asserting a claim or right may
 remove the matter to a court of competent jurisdiction. Removal may
 only be accomplished according to the rules of civil procedure. The
 person seeking removal of the matter must serve process against the
 state, county, political subdivision, or municipality that operates
 the seizing agency, and any other party of interest, in accordance
 with RCW 4.28.080 or 4.92.020, within 45 days after the person
 seeking removal has notified the seizing law enforcement agency of
 the person's claim of ownership or right to possession. The court to
 which the matter is to be removed shall be the municipal court of the
 municipality that operates the seizing agency, or if there is no such
 municipal court, the district court when the aggregate value of the
 property is within the jurisdictional limit set forth in RCW
 3.66.020. A hearing before the seizing agency and any appeal
 therefrom shall be under Title 34 RCW. In a court hearing between two
 or more claimants to the property involved, the prevailing party
 shall be entitled to a judgment for costs and reasonable attorneys'
 fees. The burden of producing evidence shall be upon the person
 claiming to be the lawful owner or the person claiming to have the
 lawful right to possession of the property. The seizing law
 enforcement agency shall promptly return the property to the claimant
 upon a determination by the administrative law judge or court that
 the claimant is the present lawful owner or is lawfully entitled to
 possession of the property.
     (g) When property is forfeited under this chapter, after
 satisfying any court-ordered victim restitution, the seizing law
 enforcement agency may:
     (i) Retain it for official use upon application by any law
 enforcement agency of this state to release such property to such
 agency for the exclusive use of enforcing the criminal law; or
                                     p. 3                         SHB 2390
      (ii) Sell that which is not required to be destroyed by law and
  which is not harmful to the public, and use the proceeds to fund
  personnel,   programs,  services,  and  equipment  related   to  the
  enforcement and processing of attempt to elude a police vehicle
  violations, or to address and improve general traffic safety, within
  the seizing agency's jurisdiction.
     Sec. 2.   RCW 46.55.113 and 2023 c 283 s 6 are each amended to
 read as follows:
     (1) Whenever the driver of a vehicle is arrested for a violation
 of RCW 46.20.342 or 46.20.345, the vehicle is subject to summary
 impoundment, pursuant to the terms and conditions of an applicable
 local ordinance or state agency rule at the direction of a law
 enforcement officer.
     (2) In addition, a police officer may take custody of a vehicle,
 at his or her discretion, and provide for its prompt removal to a
 place of safety under any of the following circumstances:
     (a) Whenever a police officer finds a vehicle standing upon the
 roadway in violation of any of the provisions of RCW 46.61.560, the
 officer may provide for the removal of the vehicle or require the
 driver or other person in charge of the vehicle to move the vehicle
 to a position off the roadway;
     (b) Whenever a police officer finds a vehicle unattended upon a
 highway where the vehicle constitutes an obstruction to traffic or
 jeopardizes public safety;
     (c) Whenever a police officer finds an unattended vehicle at the
 scene of an accident or when the driver of a vehicle involved in an
 accident is physically or mentally incapable of deciding upon steps
 to be taken to protect his or her property;
     (d) Whenever the driver of a vehicle is arrested and taken into
 custody by a police officer;
     (e) Whenever the driver of a vehicle is arrested for a violation
 of RCW 46.61.502 or 46.61.504;
     (f) Whenever a police officer discovers a vehicle that the
 officer determines to be a stolen vehicle;
     (g) Whenever a vehicle without a special license plate, placard,
 or decal indicating that the vehicle is being used to transport a
 person with disabilities under RCW 46.19.010 is parked in a stall or
 space clearly and conspicuously marked under RCW 46.61.581 which
                                     p. 4                        SHB 2390
 space is provided on private property without charge or on public
 property;
     (h) Upon determining that a person is operating a motor vehicle
 without a valid and, if required, a specially endorsed driver's
 license or with a license that has been expired for 90 days or more;
     (i) When a vehicle is illegally occupying a truck, commercial
 loading zone, restricted parking zone, bus, loading, hooded-meter,
 taxi, street construction or maintenance, or other similar zone
 where, by order of the director of transportation or chiefs of police
 or fire or their designees, parking is limited to designated classes
 of vehicles or is prohibited during certain hours, on designated days
 or at all times, if the zone has been established with signage for at
 least 24 hours and where the vehicle is interfering with the proper
 and intended use of the zone. Signage must give notice to the public
 that a vehicle will be removed if illegally parked in the zone;
     (j) When a vehicle with an expired registration of more than 45
 days is parked on a public street;
     (k) Upon determining that a person restricted to use of only a
 motor vehicle equipped with a functioning ignition interlock device
 is operating a motor vehicle that is not equipped with such a device
 in violation of RCW 46.20.740(2);
     (l) Whenever the driver of a vehicle is arrested for illegal
 racing conduct in violation of RCW 46.61.500 or 46.61.530 or a
 comparable municipal ordinance;
     (m) Whenever the driver of a vehicle is arrested for attempting
 to elude a police vehicle in violation of RCW 46.61.024 or a
 comparable municipal ordinance;
     (n) Whenever a police officer has probable cause to believe the
 vehicle has been used to commit the crime of attempting to elude a
 police vehicle in violation of RCW 46.61.024.
     (3) When an arrest is made for a violation of RCW 46.20.342, if
 the vehicle is a commercial vehicle or farm transport vehicle and the
 driver of the vehicle is not the owner of the vehicle, before the
 summary impoundment directed under subsection (1) of this section,
 the police officer shall attempt in a reasonable and timely manner to
 contact the owner of the vehicle and may release the vehicle to the
 owner if the owner is reasonably available, as long as the owner was
 not in the vehicle at the time of the stop and arrest and the owner
 has not received a prior release under this subsection or RCW
 46.55.120(1)(b)(ii).
                                     p. 5                         SHB 2390
     (4) The additional procedures outlined in RCW 46.55.360 apply to
 any impoundment of a vehicle under subsection (2)(e) of this section.
     (5) Nothing in this section may derogate from the powers of
 police officers under the common law. For the purposes of this
 section, a place of safety may include the business location of a
 registered tow truck operator.
     (6) For purposes of this section "farm transport vehicle" means a
 motor vehicle owned by a farmer and that is being actively used in
 the transportation of the farmer's or another farmer's farm, orchard,
 aquatic farm, or dairy products, including livestock and plant or
 animal wastes, from point of production to market or disposal, or
 supplies or commodities to be used on the farm, orchard, aquatic
 farm, or dairy, and that has a gross vehicle weight rating of 7,258
 kilograms (16,001 pounds) or more.
     Sec. 3.   RCW 46.55.360 and 2023 c 283 s 7 are each amended to
 read as follows:
     (1)(a) When a driver of a vehicle is arrested for a violation of
 RCW 46.61.502 or 46.61.504, attempting to elude a police vehicle
 under RCW 46.61.024, or illegal racing conduct under RCW 46.61.500 or
 46.61.530 or a comparable municipal ordinance, and the officer
 directs the impoundment of the vehicle under RCW 46.55.113(2) (e) or
 (l), the vehicle must be impounded and retained under the process
 outlined in this section. With the exception of the holds mandated
 under this section, the procedures for notice, redemption, storage,
 auction, and sale shall remain the same as for other impounded
 vehicles under this chapter.
     (b) If the police officer directing that a vehicle be impounded
 under RCW 46.55.113(2) (e) or (l) has:
     (i) Waited 30 minutes after the police officer contacted the
 police dispatcher requesting a registered tow truck operator and the
 tow truck responding has not arrived, or
     (ii)   If  the   police   officer   is  presented   with   exigent
 circumstances such as being called to another incident or due to
 limited available resources being required to return to patrol,
 the police officer may place the completed impound order and
 inventory inside the vehicle and secure the vehicle by closing the
 windows and locking the doors before leaving.
     (c) If a police officer has secured the vehicle and left it
 pursuant to (b) of this subsection, the police officer and the
                                     p. 6                         SHB 2390
 government or agency employing the police officer shall not be liable
 for any damages to or theft of the vehicle or its contents that occur
 between the time the officer leaves and the time that the registered
 tow truck operator takes custody of the vehicle, or for the actions
 of any person who takes or removes the vehicle before the registered
 tow truck operator arrives.
     (2)(a) When a vehicle is impounded under RCW 46.55.113(2)(e) and
 the driver is a registered owner of the vehicle, the impounded
 vehicle may not be redeemed within a 12-hour period following the
 time the impounded vehicle arrives at the registered tow truck
 operator's storage facility as noted in the registered tow truck
 operator's master log, unless there are two or more registered owners
 of the vehicle or there is a legal owner of the vehicle that is not
 the driver of the vehicle. A registered owner who is not the driver
 of the vehicle or a legal owner who is not the driver of the vehicle
 may redeem the impounded vehicle after it arrives at the registered
 tow truck operator's storage facility as noted in the registered tow
 truck operator's master log.
     (b) When a vehicle is impounded under RCW 46.55.113(2)(e) and the
 driver is a registered owner of the vehicle, the police officer
 directing the impound shall notify the driver that the impounded
 vehicle may not be redeemed within a 12-hour period following the
 time the impounded vehicle arrives at the registered tow truck
 operator's storage facility as noted in the registered tow truck
 operator's master log, unless there are two or more registered owners
 or there is a legal owner who is not the driver of the vehicle. The
 police officer directing the impound shall notify the driver that the
 impounded vehicle may be redeemed by either a registered owner or
 legal owner, who is not the driver of the vehicle, after the
 impounded vehicle arrives at the registered tow truck operator's
 storage facility as noted in the registered tow truck operator's
 master log.
     (c) When a vehicle is impounded under RCW 46.55.113(2) (l) or
 (m), the driver is arrested for racing or attempting to elude a
 police vehicle, and the driver is a registered owner of the vehicle,
 the impounded vehicle may not be redeemed for a period of 72 hours
 from the time the impounded vehicle arrives at the registered tow
 truck operator's storage facility as noted in the registered tow
 truck operator's master log, unless there are two or more registered
 owners of the vehicle or there is a legal owner of the vehicle that
                                     p. 7                         SHB 2390
 is not the driver of the vehicle. A registered owner who is not the
 driver of the vehicle or a legal owner who is not the driver of the
 vehicle may redeem the impounded vehicle after it arrives at the
 registered tow truck operator's storage facility as noted in the
 registered tow truck operator's master log.
     (d) When a vehicle is impounded un