| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to protecting access to life-saving care and substance use services; |
| Bill Description | Protecting access to life-saving care and substance use services. |
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What this bill does
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This bill amends existing Washington statutes. It changes RCW 69.50.315 to provide that a person who in good faith seeks medical assistance for someone experiencing a drug-related overdose, or the person experiencing the overdose who needs medical assistance, may not be arrested, charged, prosecuted, or convicted for possession or use of a controlled substance under RCW 69.50.4013, nor penalized under RCW 69.50.4014, when the evidence for the offense was obtained as a result of the overdose and need for medical assistance. The bill also bars civil forfeiture of property (except items in plain sight) and certain penalties—including violations of restraining/no-contact/protection orders, probation or parole violations, or failures to appear for existing nonviolent, nonsexual charges—when the property or evidence was obtained as a result of the overdose and need for medical assistance. The statute clarifies that these protections do not prevent lawful detention without arrest, that the possession protection is not a basis to suppress evidence in other criminal charges (except as provided for forfeiture/penalty protections), and it provides immunity for peace officers and their agencies acting in compliance with the section (including immunity from revocation of certification) unless actions are in bad faith, deliberately indifferent, or grossly negligent.
The bill also amends RCW 10.31.100 to restate and detail warrantless arrest authority and to enumerate numerous misdemeanor and gross misdemeanor circumstances where officers may arrest without a warrant, including specific domestic violence procedures and a list of other statutory circumstances. It adds a rule requiring officers to arrest and hold without warrant a person when the officer has probable cause to believe the person violated RCW 46.61.502 or 46.61.504 and the officer knows the person has a qualifying prior offense within ten years or is charged with or awaiting arraignment for a qualifying offense; the detained person must be held until release by a judicial officer unless immediate medical hospitalization is required. The bill makes selling or permitting the sale of drug paraphernalia a class I civil infraction, clarifies that distributing public health supplies (such as syringe and testing equipment) through authorized public health programs is not prohibited, and exempts public health and syringe service program staff who take substance samples and use testing equipment from arrest and prosecution under specified drug laws.
Some parts of the bill text are missing from the provided excerpts. The amendment to RCW 69.50.4121 referenced in the header is not included, subsection (15) of RCW 10.31.100 ends mid-sentence in the excerpts, and certain liability language and the definition of "prior offense" are cited but not fully shown. These omissions prevent a complete description of all changes in the bill.
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Why it matters
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If enacted, people who call for emergency medical help for someone overdosing — and the person overdosing — will be much less likely to be arrested, charged, prosecuted, or have property seized for simple possession or use when that evidence arises because of the overdose. They also are likely to avoid penalties for some technical violations (like certain restraining order, probation/parole, or failure-to-appear issues) tied to evidence obtained from the overdose, while police still retain the ability to detain people; peace officers and their agencies get legal protection for following the new rules unless they act in bad faith, with deliberate indifference, or gross negligence. At the same time, officers must arrest and hold without warrant people suspected of certain serious driving offenses if the officer knows of a qualifying prior within ten years or that the person is already charged or awaiting arraignment for one, which will likely increase custodial holds and court processing unless the person is hospitalized.
The groups most affected are people who experience or assist during overdoses (reduced legal risk and lower chance of forfeiture), law enforcement agencies and officers (changed arrest authority, new training and policy needs, but added immunity in most compliant cases), public health and syringe service programs (clearer protection to distribute supplies and test substances without arrest), sellers or permitters of drug paraphernalia (shifted to a class I civil infraction), and courts/jails (potentially more custody days for repeat driving offenses). Some important text and definitions are missing from the provided excerpts (including changes to RCW 69.50.4121, the end of subsection (15), and the formal definition of “prior offense”), so the full scope and some operational details remain uncertain.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/24/2025 |
| Originating Chamber | House |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $5,362,910.50 |
| HEALTH AND SAFETY, PUBLIC |
| Hearing | House Community Safety (Public) |
| Hearing | House Community Safety (Executive) |
| Hearing | Senate Law & Justice (Public) |
| Hearing | Senate Law & Justice (Executive) |
| Hearing | Senate Law & Justice (Public) |
| Hearing | Senate Law & Justice (Executive) |