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2011 Senate Bill 5000: Mandating a twelve-hour impoundment of a motor vehicle involved in a DUI arrest
Introduced by Sen. Mary Margaret Haugen, (D-Camano Island) (D) on January 10, 2011
To mandate the immediate impoundment of a motor vehicle involved in a DUI arrest for at least twelve hours. The bill is named “Hailey’s Act,” after Hailey French, who suffered life threatening injuries in a DUI accident in 2009 by a driver who had been arrested for DUI just hours before the accident. Makes the primary reason for impoundment public safety, rather than obstruction of traffic and eliminates officer discretion in ordering impoundment. If the owner of the vehicle is not the person involved in the DUI arrest, he/she may pick up the vehicle after initial impoundment, before 12 hours have elapsed (Companion: HB 1017).   Official Text and Analysis.
Referred to the Senate Judiciary Committee on January 10, 2011
Substitute offered in the Senate on February 9, 2011
To replace the word operator with driver. If the vehicle subject to impoundment is a commercial vehicle, the police officer must attempt, in a reasonable and timely manner, to contact the owner of the vehicle and may release it to the owner as long as he or she was not in the vehicle at the time of the stop and arrest.
The substitute passed by voice vote in the Senate on February 9, 2011
Referred to the Senate Rules Committee on February 10, 2011
Referred to the Senate Transportation Committee on February 10, 2011
Substitute offered in the Senate on February 23, 2011
To provide a definition of farm transport vehicle that includes them with commercial vehicles, which requires that the police officer must attempt to contact the owner of the vehicle and may release it to the owner as long as the owner was not in the vehicle at the time of the stop and arrest.
The substitute passed by voice vote in the Senate on February 23, 2011
Referred to the Senate Rules Committee on February 24, 2011
Amendment offered by Sen. Jim Honeyford (Grandview) (R) on March 3, 2011
Adds a technical amendment to correct a drafting error. Adds farm transport vehicles to commercial vehicles on page 3 where it was left off in error. This amendment does not change the intent of the bill as it was passed out of the transportation committee.
The amendment passed by voice vote in the Senate on March 3, 2011
Requires the immediate impoundment of a motor vehicle involved in a DUI arrest for at least twelve hours. The bill is named “Hailey’s Act,” after Hailey French, who suffered life threatening injuries in a DUI accident in 2009 by a driver who had been arrested for DUI just hours before the accident. Makes the primary reason for impoundment public safety, rather than obstruction of traffic and eliminates officer discretion in ordering impoundment. If the owner of the vehicle is not the person involved in the DUI arrest, he/she may pick up the vehicle after initial impoundment, before 12 hours have elapsed. If the vehicle subject to impoundment is a commercial vehicle, including farm transport vehicles, the police officer must attempt, in a reasonable and timely manner, to contact the owner of the vehicle and may release it to the owner as long as he or she was not in the vehicle at the time of the stop and arrest.
Received in the House on March 5, 2011
Referred to the House Judiciary Committee on March 5, 2011
Referred to the House Rules Committee on March 21, 2011
Amendment offered by Rep. Brad Klippert (Benton) (R) on April 5, 2011
To change the thirty-minute time period from beginning when the registered tow truck operator was dispatched to beginning when the police officer contacts the police dispatcher requesting the registered tow truck operator.
The amendment passed by voice vote in the House on April 5, 2011
To protect the public from an intoxicated person operating a vehicle by impounding the vehicle driven by a person arrested for DUI. When a law enforcement officer arrests a person for DUI, the officer must impound the vehicle, which may not be redeemed until 12 hours after the vehicle arrives at the tow truck operator's storage facility.
Moved to reconsider in the House on April 5, 2011
The motion passed by voice vote in the House on April 5, 2011
Received in the House on April 5, 2011
Received in the Senate on April 14, 2011
Senate concurred with House amendments.
Signed by Gov. Christine Gregoire on April 27, 2011
To protect the public from an intoxicated person operating a vehicle by impounding the vehicle driven by a person arrested for DUI. When a law enforcement officer arrests a person for DUI, the officer must impound the vehicle, which may not be redeemed until 12 hours after the vehicle arrives at the tow truck operator's storage facility.