Committee hears bill to expand child endangerment law to most controlled substances, lower mental state for conviction

The Law & Justice Committee heard a bill briefing and public testimony Jan. 20 on Senate Bill 5071, which would expand Washington’s crime of endangerment with a controlled substance to include most controlled substances other than cannabis, lower the state of mind for conviction from intentionally to recklessly, and extend protections from "dependent children" to all children and dependent adults.

Staff to the committee, Kevin Black, said the current statute covers exposure tied specifically to methamphetamine-related substances and described the bill’s proposed changes: broadened substances, a lower mental state, and exclusions for prescribed medications and for Department of Children, Youth and Families employees acting within their duties. Black also noted caseload data showing nine convictions for the current statute over fiscal years 2022–24 and that a partial fiscal note shows indeterminate costs for state and local corrections and juvenile rehabilitation.

Proponents pointed to a sharp rise in child harm tied to fentanyl and other synthetics. Senator John Braun, prime sponsor, said the measure is "about making sure we look after children," and said fentanyl-related child deaths have risen in recent data. Pierce County Deputy Prosecutor Bryce Nelson said referrals to his county’s Children’s Advocacy Center tied to drug exposure rose from 0.5% in 2022 to about 4% in 2023 and 2024. Anne Anderson of the Washington State Narcotics Investigators Association told the committee "children should have the right to be safe from exposure to deadly substances," and cited Poison Control and local child-fatality reporting that show steep increases in pediatric fentanyl exposures and fentanyl’s role in near-fatal and fatal outcomes.

Opponents warned that expanding criminal statutes and prison exposure is unlikely to solve substance-use problems. David Treweiler, representing the Washington Association of Criminal Defense Lawyers and the Washington Defender Association, urged the committee to reject the bill, saying long experience shows criminalization of substance use is ineffective and can cause harm to families.

Witnesses from law enforcement and child-protection partners said the bill is narrowly focused on protecting children, not on punishing addiction per se, and urged bipartisan support. Testimony included personal and professional accounts and differing views on whether additional criminal penalties are the appropriate policy response to rising fentanyl exposure among children.

The committee concluded its public hearing on SB 5071 without a vote; no formal action was recorded at the hearing.