WA People
BILL · 2017–18 SESSION · LATEST VERSION ESSB 5388

SB 5388: Unauthorized persons removal

Concerning the removal of unauthorized persons from certain premises.

Summary

  • Establishes a process for an owner or an agent to provide to law enforcement a declaration under penalty of perjury stating that persons have entered the premises unlawfully.
  • Gives the occupant the opportunity to secure and provide contrary credible evidence which must be considered by the officer.
  • Allows law enforcement to remove the persons, with or without arresting them, and to order them to remain off the premises or be subject to arrest for criminal trespass.
  • Provides that law enforcement is not be held liable.
  • Allows a person or persons removed from property on the basis of false statements in a declaration to pursue a cause of action against the declarant.

From the Engrossed Substitute Senate Bill Report (ESSB 5388), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 284, Laws of 2017
  1. IntroducedJan 23, 2017
  2. Out of committeeFeb 9, 2017
  3. Passed SenateFeb 27, 2017
  4. Passed HouseApr 6, 2017
  5. GovernorMay 10, 2017
  6. LawMay 10, 2017
Prime sponsor
Hans Zeiger (R-25)
Introduced
January 23, 2017 in the Senate
Last action
May 10, 2017
Session law
Chapter 284, Laws of 2017
Companion bill
HB 1305
Versions
SB 5388, ESSB 5388

AN ACT Relating to the removal of unauthorized persons from certain premises;

Sponsors

Prime sponsor: Hans Zeiger (R-25)

10 co-sponsors (4 Democrats, 6 Republicans)

Senator D-35Patty Kuderer D-48Mike Padden R-4Lynda Wilson R-17Steve Conway D-29Phil Fortunato R-31Steve Hobbs D-44Senator R-2Judy Warnick R-13Senator R-15

Votes

Senate · 3rd Reading & Final Passage

Passed February 27, 2017
Version voted on: ESSB 5388
49 Yea 0 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat25000
Republican24000
How each member voted
Permalink to this vote

House · Final Passage as Amended by the House

Passed April 6, 2017
Version voted on: ESSB 5388
96 Yea 0 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat50000
Republican46002
How each member voted

Yea (96)

Excused (2)

Permalink to this vote

House · Final Passage as Amended by the House

Passed April 20, 2017
Version voted on: ESSB 5388
95 Yea 0 Nay 1 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat50000
Republican45012
How each member voted

Yea (95)

Absent (1)

Excused (2)

Permalink to this vote

House · Final Passage on Reconsideration

Passed April 20, 2017
Version voted on: ESSB 5388
96 Yea 0 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat50000
Republican46002
How each member voted

Yea (96)

Excused (2)

Permalink to this vote

Senate · Final Passage as Amended by the House

Passed April 20, 2017
Version voted on: ESSB 5388
49 Yea 0 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat25000
Republican24000
How each member voted
Permalink to this vote

History

  1. Effective date 7/23/2017. (ESSB 5388)
  2. Chapter 284, 2017 Laws. (ESSB 5388)
  3. Governor signed. (ESSB 5388)
  4. Delivered to Governor. (ESSB 5388)
  5. President signed. (ESSB 5388)
  6. Speaker signed. (ESSB 5388)
  7. Passed final passage; yeas, 49; nays, 0; absent, 0; excused, 0. (ESSB 5388)
  8. Senate concurred in House amendments. (ESSB 5388)
  9. Third reading, passed; yeas, 95; nays, 0; absent, 0; excused, 2. (ESSB 5388)
  10. Rules suspended. Placed on Third Reading. (ESSB 5388)
  11. Floor amendment(s) adopted. (ESSB 5388)
  12. Returned to second reading for amendment. (ESSB 5388)
  13. Rules suspended. (ESSB 5388)
  14. House receded from amendments. (ESSB 5388)
  15. Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2. (ESSB 5388)
  16. Vote on third reading will be reconsidered. (ESSB 5388)
  17. Senate refuses to concur in House amendments. Asks House to recede from amendments. (ESSB 5388)
  18. Third reading, passed; yeas, 96; nays, 0; absent, 0; excused, 2. (ESSB 5388)
  19. Rules suspended. Placed on Third Reading. (ESSB 5388)
  20. Committee amendment(s) adopted with no other amendments. (ESSB 5388)
  21. Placed on second reading by Rules Committee. (ESSB 5388)
  22. Referred to Rules 2 Review. (ESSB 5388)
  23. JUDI - Majority; do pass with amendment(s). (ESSB 5388)
  24. First reading, referred to Judiciary (Not Officially read and referred until adoption of Introduction report). (ESSB 5388)
  25. Third reading, passed; yeas, 49; nays, 0; absent, 0; excused, 0. (ESSB 5388)
  26. Rules suspended. Placed on Third Reading. (ESSB 5388)
  27. Floor amendment(s) adopted. (ESSB 5388)
  28. 1st substitute bill substituted. (ESSB 5388)
  29. 1st substitute bill substituted.
  30. Placed on second reading by Rules Committee. (ESSB 5388)
  31. Placed on second reading by Rules Committee.
  32. Passed to Rules Committee for second reading. (ESSB 5388)
  33. Passed to Rules Committee for second reading.
  34. LAW - Majority; 1st substitute bill be substituted, do pass. (ESSB 5388)
  35. LAW - Majority; 1st substitute bill be substituted, do pass.
  36. First reading, referred to Law & Justice.

SB 5388 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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