OLYMPIA, Wash. – People who try to flee from police could have their cars impounded or even forfeited under a proposed bill that got a hearing Monday morning in the state Senate. Supporters say the legislation promotes public safety by reducing the potential for police pursuits, while opponents question the potential for deterrence.
Senate Bill 5333 would allow police to impound and hold a car used in a chase for 72 hours, though another legal owner can get the vehicle as soon as they want.
If a driver gets convicted of attempting to elude and has a history of eluding, their car could be seized and forfeited by police, with the agency either keeping the vehicle or selling it with proceeds benefiting traffic safety efforts. An appeals process is outlined for challenging the seizure.
Additionally, anyone charged with attempting to elude or resisting arrest must wear an electronic monitoring device if they are released from custody while on trial. A monitoring device must also be a part of a mandatory community custody term after an eluding conviction.
“Senate Bill 5333 sends a clear message that eluding a police vehicle is something we take seriously,” said state Senator John Lovick (D-Mill Creek), prime sponsor of the legislation.
At the Senate Law and Justice Committee hearing, he pointed to his time as a Washington State Patrol trooper and sheriff of Snohomish County in saying there are great risks in police pursuits.
“Probably nobody alive or dead in Washington state has been involved in more pursuits, or managed more pursuits than I managed, as a sergeant and as a sheriff. They are inherently very very dangerous,” Lovick said. “I think that this legislation will help defer the crime–deter the crime of eluding a police vehicle, reducing instances where an innocent bystander and law enforcement officers are placed in danger.”
Lobbyists for law enforcement testified in support of the bill, drawing comparisons to similar penalties around street racing enacted in 2023.
James McMahan, Policy Director for the Washington Association of Sheriffs and Police Chiefs, said the bill would bring down the chances of dangerous police chases.
“We believe this bill is measured policy, good for public safety and we hope it makes our roads safer and reduces the need for vehicular pursuits,” he told the committee.
Opponents representing criminal defenders say the process to get a car back is too complicated, making it expensive for a person to contest the seizure and ultimately putting up more barriers for rehabilitation.
David Trieweiler with the Washington Association of Criminal Defense Lawyers argued increasing punishments has no effect on deterring crime.
“This will be the sixth bill and change to the law to increase the punishment or make it easier to prosecute this crime during my legal career starting in 1979,” he testified. “Yet here we are again, saying that if we only make the punishment harsher, the crime will diminish.”
The bill is scheduled for a vote out of committee on Thursday. The anticipated decision comes ahead of a Friday deadline for all non-budget-related legislation to move out of their committees.
Albert James is a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University.
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