OLYMPIA — People who flee from police in Washington could have their vehicles impounded or even forfeited under a bill that got a hearing Monday morning in the 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 a vehicle used in a chase for 72 hours, though another legal owner could retrieve the vehicle immediately.
If a driver is convicted of attempting to elude and has a history of eluding, their vehicle could be seized and forfeited, with the law enforcement agency either keeping the vehicle or selling it with proceeds going to 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, sponsor of the legislation.
At the Senate Law and Justice Committee hearing, Lovick pointed to his time as a Washington State Patrol trooper and Snohomish County sheriff 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 … 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 reduce 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 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 committee vote Thursday. The anticipated decision comes ahead of a Friday deadline for all non-budget-related legislation to move out of committee.
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. His articles can be used for free by any news organization.
