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Bill > SB5538


WA SB5538

WA SB5538
Concerning the removal of unauthorized persons.


summary

Introduced
01/28/2025
In Committee
01/28/2025
Crossed Over
Passed
Dead
03/12/2026

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT Relating to the removal of unauthorized persons; and 2 amending RCW 9A.52.105 and 4.24.355. 3

AI Summary

This bill modifies Washington state laws regarding the removal of unauthorized persons from residential properties by clarifying the procedures and legal protections for property owners and law enforcement. Under the revised law, a peace officer can remove unauthorized individuals from a property based on a signed declaration from the property owner that meets specific requirements, such as confirming the person is not a tenant and has not been authorized to be on the property. The bill adds a new provision that if a person presents falsified or invalid documents (like a counterfeit rental agreement) during this process, they may be guilty of making a false statement to a public servant and could be subject to legal action. The bill also establishes a reciprocal cause of action, allowing both property owners and wrongfully removed individuals to sue for actual damages, costs, and attorney's fees if false statements are made. Importantly, the law maintains protections for legitimate tenants and their guests, and requires peace officers to provide an opportunity for occupants to present evidence of their legal right to be on the property before removal. The bill reduces the time frame for previous tenant/ownership from twelve months to 12 months and provides liability protections for law enforcement acting in good faith.

Committee Categories

Justice

Sponsors (1)

Last Action

By resolution, reintroduced and retained in present status. (on 01/12/2026)

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