AN ACT Relating to the removal of unauthorized persons;
Summary
SB 5538 would amend Washington law governing the removal of unauthorized persons from real property, primarily by expanding and clarifying the authority of peace officers when a property owner or authorized agent files a sworn declaration that unauthorized persons are unlawfully on the premises. The bill specifies the factual statements that must be included in the declaration, including ownership or agency status, lack of authorization, a demand to vacate, and confirmation that the property was not abandoned or open to the public. It also requires officers to give occupants a reasonable opportunity to present credible evidence that they are lawful tenants, occupants, or guests before removal action is taken.
The bill further addresses situations involving false or invalid documents, such as counterfeit rental agreements, and states that presenting such documents may constitute making a false or misleading statement to a public servant and may create a civil cause of action. It also reinforces that officers and agencies acting in good faith under the statute are not liable, while preserving existing tenant protections and prohibiting removal of lawful occupants without court authorization. In addition, the bill creates remedies for people wrongly removed based on false declarations or forged documents, including damages, costs, and attorney fees.
Impact
SB 5538 would amend RCW provisions related to criminal trespass and the process for removing unauthorized persons from residential real property. It would give peace officers clearer statutory authority to remove or exclude persons based on a sworn owner declaration, while also imposing procedural safeguards and liability provisions for false statements or forged documents. The bill affects property owners, tenants, guests, law enforcement, and persons occupying residential premises, and it preserves existing landlord-tenant and unlawful eviction protections.
Sentiment
The bill appears to be framed as a property-rights and public-safety measure, with its text emphasizing law enforcement discretion, good-faith immunity, and remedies against fraudulent occupants. Even without recorded committee testimony or votes, the structure of the bill suggests support for stronger tools to address unauthorized entry and fake rental paperwork, while also acknowledging the need to protect lawful tenants and occupants. Overall, the sentiment reflected in the bill is cautious but generally favorable toward enabling removal of unauthorized persons with safeguards.
Contention
The main point of contention is the balance between empowering police to act on an owner’s sworn declaration and protecting lawful tenants or other authorized occupants from wrongful removal. The bill specifically requires officers to consider evidence offered by occupants and warns that false declarations can expose the declarant to civil liability, indicating concern about misuse. Another likely area of dispute is the treatment of people presenting rental documents, since the bill contemplates criminal and civil consequences for counterfeit or invalid paperwork, which could raise concerns about mistaken enforcement or disputes over occupancy status.