Amendments made last week to SB 5383 mean both good and bad news for cities.

One amendment allows jaywalking only on roadways of 35 mph or less. AWC considers this is a positive, yet small step towards reducing the safety risks posed by the bill.

The second amendment states that a police officer may only stop a pedestrian for jaywalking if the pedestrian violates the impossible to stop standard. In other words, the police officer may only stop a pedestrian if the pedestrian suddenly moves into the path of a vehicle and makes it impossible for a driver to stop. AWC believes the new language suggests that an officer could only stop a jaywalker if the jaywalker were to collide with a vehicle. Furthermore, if the pedestrian were to cause a multi-car collision, but the vehicle in front managed to come to a stop without hitting the pedestrian, the pedestrian would not be in violation of the law and could not be cited for jaywalking.

AWC has submitted a proposed change to the impossible to stop standard, such that a pedestrian would not be permitted to suddenly move into the path of a vehicle which is so close “as to create a risk of imminent bodily harm or property damage.”

SB 5383 passed out of the Senate Transportation Committee on a 10-7 party line vote. It now awaits a vote on the Senate Floor where AWC hopes to see our suggested language adopted.

Streamlined jaywalking bill returns, still poses safety, liability risks

January 19, 2024

SB 5383, from Sen. Saldaña (D–Seattle), prohibits police officers from stopping a pedestrian for crossing a street when a traffic control device or signal indicates that the pedestrian should not cross, or when a pedestrian crosses outside of a crosswalk and does not yield the right-of-way to the vehicles on the road.

The bill does allow law enforcement officers to stop a pedestrian who was in violation of RCW 46.61.235(2), which prohibits pedestrians from suddenly moving into the roadway and into the path of a vehicle, making it impossible for the driver to stop. This has become known as the “impossible to stop standard.” The bill also clarifies that pedestrians and vehicles must exercise duty of care.

Aiming to reduce pedestrian profiling of people of color and of low socio-economic status, SB 5383 would decrease the number of jaywalking infractions issued by law enforcement officers.

This bill is an updated version of a proposal considered last year that did not pass. For a summary and AWC’s commentary on that bill, read our coverage here.

AWC appreciates the bill sponsor and advocates responding to feedback from cities and other stakeholders on last year’s proposal and refocusing the bill’s policy by making jaywalking a secondary offense; however, cities’ concerns about pedestrian safety and city liability remain.

Dates to remember

SB 5383 is scheduled for a public hearing in the Senate Transportation Committee on Tuesday, January 23, at 4 pm.