AN ACT Relating to penalties related to eluding police vehicles and resisting arrest;
Bill Description
Concerning penalties related to eluding police vehicles and resisting arrest.
What this bill does Powered by Legitron
This bill creates a new statutory vehicle-impound and forfeiture regime tied to the crime of attempting to elude a police vehicle by adding a section to chapter 46.61 RCW and by amending chapter 46.55 RCW. Under the new rules, a vehicle used to attempt to elude may be impounded, and if the operator previously had a vehicle impounded for eluding and is later convicted of a subsequent eluding offense, the vehicle may be forfeited after conviction and a judicial finding that the vehicle was used in the offense. The bill sets procedural requirements for seizure and forfeiture: seizure may occur on court process or in limited warrantless circumstances, the seizing agency must serve notice within 15 days, claimants must file written claims within 60 days to preserve a hearing right, and claimants may remove administrative hearings to court with specified service and timing rules. The bill preserves bona fide secured parties’ interests and directs that, after satisfying court-ordered victim restitution, seizing agencies may retain forfeited property for official use or sell nonharmful property and use proceeds for personnel, programs, services, equipment related to enforcing or processing eluding violations or for general traffic safety.
The measure also amends impound and related procedures: it adds attempting-to-elude and certain other offenses (specified RCWs for impaired driving and illegal racing) to the list of offenses requiring impound when an officer directs custody under RCW 46.55.113; it prescribes mandatory redemption holds (12 hours in some cases, 72 hours for owner-drivers arrested for racing or attempting to elude), requires tow operators to notify the ordering agency when a vehicle is logged into a master log (which starts hold periods), allows an officer to secure and lock a vehicle and leave under limited circumstances after a 30-minute tow delay and provides liability protections for officers, governments, and tow operators in specified situations. The bill also amends RCW 46.55.370 to limit loss-of-use liability when an officer had reasonable suspicion for impound. Specific amendments to RCW 46.55.360 and other listed code sections were referenced but the substantive text of those amendments is not included in the extracted facts.
The bill imposes new electronic monitoring requirements and changes to juvenile and community supervision. It adds a section to chapter 10.21 RCW requiring courts to order electronic monitoring as a condition of release (arraignment, trial, bail, or personal recognizance) for persons charged with attempting to elude (RCW 46.61.024) or resisting arrest (RCW 9A.76.040), with proof of installation filed within five business days or as the court allows. For juveniles, the bill requires electronic monitoring for those charged with attempting to elude or resisting arrest when released on a probation bond, mandates certain parole programs for juveniles adjudicated for listed offenses (including attempting to elude), and amends community custody and department supervision provisions (including set custody durations for offense categories and mandatory electronic monitoring for offenders sentenced for attempting to elude). Several other statutory amendments and timing provisions (including expirations and effective dates for sections) are cited in the header but the extracted facts do not include the full text or all effective date details, so those items are uncertain from the provided material.
Why it matters Powered by Legitron
If enacted, the bill lets police routinely impound and, after conviction and required findings, potentially forfeit vehicles used to attempt to elude officers, expands mandatory impounds to include drivers arrested for attempting to elude, certain DUI offenses, and illegal racing, and gives seizing agencies the option to keep or sell forfeited vehicles and use proceeds to fund enforcement and traffic-safety activities. Drivers, registered owners, and any secured lenders are directly affected: owners or drivers risk short-term holds (12 or 72 hours in many cases) and, after conviction, possible loss of the vehicle, while secured parties keep their lien if they did not know of the offense when the interest was created. Courts must require electronic monitoring for people (including juveniles) charged with attempting to elude or resisting arrest when released, and juveniles convicted of eluding face mandatory parole programs and electronic monitoring for the parole period; monitoring and evaluation costs, plus increased supervision duties, fall on defendants, monitoring agencies, and the supervising departments and courts.
The law also changes officer and tow-operator duties and liabilities: officers may secure and leave a vehicle under limited circumstances without being liable for subsequent loss or damage, tow operators must notify the ordering agency when a vehicle is logged in to start hold periods, and agencies gain clearer forfeiture procedures and notice timelines. Some important implementation details are missing from the extracted text—specific amendments to related sections, exact effective or expiration dates for some provisions, and full language for a few cross-referenced sections—so the timing and certain procedural specifics remain uncertain.