WA House passes bill prohibiting arrest of someone overdosing even if breaking law

OLYMPIA, WA – House Democrats passed a proposal Wednesday that would expand Washington state’s “Good Samaritan” law by prohibiting the arrest of someone who is overdosing or reporting one.​

The 55-42 vote, with three Democrats joining every Republican in opposition, marked the second time that the chamber has passed House Bill 1574. The proposal stalled just before hitting the Senate floor at the end of the 2025 legislative session as the majority grappled with a multi-billion-dollar deficit.​

If adopted, the bill would prohibit officers from arresting, charging, prosecuting or convicting someone seeking medical assistance for themselves or another person overdosing. It also would prohibit penalizing a person for violating restraining orders, probation or failing to appear in court for nonviolent offenses.

“We see the people that are, sadly, in the street. You see them bent over. You see them walking in the streets, talking to themselves,” Rep. Jenny Graham, R-Spokane, said Wednesday. “Madam Speaker, I genuinely think that this is something that we should be able to agree on: to get these people help.”

Graham said that her caucus sees HB 1754 as taking the wrong direction, essentially a “slow suicide.”

Good Samaritan laws protect bystanders acting in good faith from civil liability when providing medical assistance to someone in need. HB 1754 extends those protections to drug users who are overdosing themselves or other people in close proximity who can react, even if they’re actively violating the law.​

Rep. Nicole Marci, D-Seattle, argued her bill is “essential right now,” given the state’s overdose trends.

Another provision in her proposal would expand what entities are allowed to distribute syringes, pipes and drug testing supplies, commonly referred to as “harm reduction,” to include health care facilities.​

Marci was the only person to speak in favor of the bill on the House floor on Wednesday before voting.​

“I want to find a perfect place where we save humans,” Rep. Dan Griffey, R-Allyn, said, “but when we do it this way, we take away law enforcement’s ability, Madam Speaker, to proactively prevent crime.”

Griffey said he worked with Marci last session to get to a yes vote on HB 1754, but ultimately couldn’t.

He questioned what would happen if emergency responders revived someone who was overdosing and then law enforcement realized the person had a warrant. Griffey said his daughter is being stalked, so if that person had a warrant and overdosed, law enforcement may miss a chance to arrest the person.

Rep. Jim Walsh, R-Aberdeen, who chairs the Washington State Republican Party, said policies like this enable “the slow suicide of abuse of illegal drugs and other substances.” He said that if a law reduces the negative effects of a destructive behavior, some populations will be more inclined to engage in it.

Rep. Cyndy Jacobsen, R-Puyallup, said her son has dealt with addiction most of his life and that state policies provide just about anything users need to continue their addiction without consequence. She said HB 1574 is another step in that direction by allowing hospitals to distribute syringes and needles.

“I’ve lost my son, and I pray not to death,” Jacobsen said. “He’s not like he used to be, but I pray that he will continue to improve, and he will have a productive and effective life as he continues in life.”

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