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ESSB 5071

Momentum Bucket Strong Momentum
Legal Title AN ACT Relating to updating the endangerment with a controlled substance statute to include fentanyl or synthetic opioids;
Bill Description Updating the endangerment with a controlled substance statute to include fentanyl or synthetic opioids.
What this bill does
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This bill amends existing criminal and sentencing statutes. It changes RCW 9A.42.100 to make a person guilty of endangerment with a controlled substance if the person knowingly or recklessly permits a child or dependent adult to be exposed to, ingest, inhale, absorb, or have contact with fentanyl or synthetic opioids (or smoke the person knows or reasonably should know contains or is contaminated with fentanyl or synthetic opioids), or with methamphetamine or specified precursors (including salts, isomers, and salts of isomers). The department of children, youth, and families (DCYF) and its employees, interns, volunteers, and contractors acting in the scope of their roles are expressly exempted from criminal liability under this section. The offense is classified as a class B felony. The bill also amends RCW 9.94A.655 to add and clarify a parenting sentencing alternative for defendants charged under RCW 9A.42.100: the court must grant the alternative for defendants without a prior conviction for that offense if they otherwise qualify, and may grant it for those with prior convictions if they qualify. The amendment defines “expectant parent” and “minor child,” sets procedures and timelines for risk assessments and reports (including requiring DCYF to provide specified court orders or case reports within seven business days of a request), specifies that the alternative sentence consists of twelve months of community custody (with possible extension of up to six months at review), and establishes related reporting and review duties for courts and agencies. This is therefore both a substantive expansion and specification of an existing offense and a sentencing and procedural change: it broadens the covered controlled substances and the circumstances that constitute endangerment, sets the offense penalty as a class B felony, and creates/clarifies procedures and eligibility for a parenting sentencing alternative and for agency reporting. The text provided does not identify which agency is meant by the repeated term “the department,” does not define “synthetic opioids,” and does not state an effective date or whether there are additional amendments elsewhere in the bill.
Why it matters
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If enacted, the bill makes exposing a child or dependent adult to fentanyl or similar synthetic opioids (including contaminated smoke) or to methamphetamine and its precursors a class B felony, while exempting DCYF staff from prosecution for actions taken in their official roles. Courts will generally be required to offer eligible first-time offenders a parenting sentencing alternative that replaces a standard-range sentence with 12 months of community custody (with up to a six-month extension on review), and judges will rely on timely risk assessments and reports when deciding and monitoring those alternatives. DCYF and tribal child welfare programs must provide specific case information or court orders within seven business days when requested, which will shift many cases toward supervised, service-oriented sentences and create new, time-sensitive reporting and assessment duties. The people most affected are parents or caregivers charged under the statute, who face higher felony exposure but more formal access to supervised, community-based sentencing and required services instead of standard incarceration; courts, which must impose and monitor the new alternative; and DCYF and tribal agencies, which will likely need additional staff time or resources to meet seven-day reporting and assessment timelines. It’s unclear from the provided text which “department” is responsible for some assessment duties, how “synthetic opioids” are precisely defined, and when the changes would take effect.
Official Documents View Full Bill Text
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ESSB 5071 Details and Bill Topics

Details

Date Introduced 01/23/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $4,486,023.50

Bill Topics

CRIMES

ESSB 5071 Sponsors and Committee Hearings

Sponsors

Senator Braun (Primary)
Senator Dhingra
Senator Christian
Senator Dozier
Senator Fortunato
Senator Gildon
Senator King
Senator Krishnadasan
Senator McCune
Senator Wagoner
Senator Warnick
Senator J. Wilson

Committee Hearings

Hearing Senate Law & Justice (Public)
Hearing Senate Law & Justice (Executive)
Go to ESSB 5071 at leg.wa.gov

ESSB 5071 Bill Timeline

Strong Momentum
1/20/2026
SRules 3
Third reading, passed; yeas, 40; nays, 9; absent, 0; excused, 0.
1/20/2026
SRules 3
Floor amendment(s) adopted.
1/20/2026
SRules 3
Returned to second reading for amendment.
1/20/2026
SRules 3
Rules suspended.
1/12/2026
SRules 3
Placed on third reading by Rules Committee.
1/11/2026
SRules 3
By resolution, reintroduced and retained in present status.
4/26/2025
SRules 3
By resolution, returned to Senate Rules Committee for third reading.
2/6/2025
SRules 3
First reading, referred to Community Safety.
2/4/2025
SRules 3
Third reading, passed; yeas, 42; nays, 7; absent, 0; excused, 0.
2/4/2025
SRules 3
Rules suspended. Placed on Third Reading.
2/4/2025
SRules 3
1st substitute bill substituted.
1/28/2025
SRules 3
Placed on second reading by Rules Committee.
1/23/2025
SRules 3
Passed to Rules Committee for second reading.
1/22/2025
SRules 3
LAW - Majority; 1st substitute bill be substituted, do pass.
1/12/2025
Ssubst for
First reading, referred to Law & Justice.

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