SB 5071 Washington Senate · 2025-2026 Regular Session

Updating the endangerment with a controlled substance statute.

Senate Bill 5071 updates Washington's law regarding endangerment with a controlled substance. It expands the types of substances covered to include fentanyl or synthetic opioids, in addition to methamphetamine, when a person knowingly or recklessly exposes a child or dependent adult to them. The bill also changes the required mental state for the crime from "knowingly or intentionally" to "knowingly or recklessly." It specifically exempts legitimate medical administration of these substances and protects Department of Children, Youth, and Families personnel acting within their role from criminal liability under this statute. The crime remains classified as a Class B felony.

Issues: ✓ Criminal Justice

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2026

Committee Review

Jan 2025

Senate Passage

Jan 2026

House Passage

Governor

Introduced Jan 12, 2026 Last action Mar 12, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Substitute Bill → Engrossed Substitute Bill · 5 edits · Jan 21, 2026

MODERATE

This bill updates the endangerment with a controlled substance statute to specifically include fentanyl and synthetic opioids. It adds a new sentencing option called the 'parenting sentencing alternative' for first-time offenders, which allows them to serve community custody instead of prison if they qualify. The bill also expands the legal definition of who can receive this alternative to include expectant parents and guardians, and it mandates that courts request reports from child welfare agencies to assess the impact of incarceration on the parent-child relationship.

Scope change

The bill's scope expanded from only amending the endangerment statute to also amending the sentencing laws (RCW 9.94A.655) to create a new sentencing alternative specifically for this crime.

SCOPE

The bill title and act summary were updated to reflect that it amends both the endangerment statute and the parenting sentencing alternative statute.

ELIGIBILITY

The definition of who qualifies for the parenting sentencing alternative was expanded to include expectant parents and legal guardians, not just parents with physical custody.

REQUIREMENT

A new requirement was added for courts to request reports from the Department of Children, Youth, and Families regarding open child welfare cases or prior substantiated referrals involving the offender.

ENFORCEMENT

A new sentencing alternative was created for first-time offenders, mandating that courts grant the motion for community custody if the defendant otherwise qualifies.

DEFINITION

The definition of 'expectant parent' was added to clarify that it includes pregnant individuals and adoptive parents awaiting finalization.

Floor votes · Senate Jan 21, 2026

How they voted

42–9

Passed

Total votes 51

Jan 21, 2026

D Democratic31

22 Yea 9 Nay

70% Yea

R Republican20

20 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Jan 21, 2026

Upper · Passed

Floor amendment(s) adopted.

upper

Jan 12, 2026

Introduced

By resolution, reintroduced and retained in present status.

upper

Jan 23, 2025

Upper · Passed

Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

upper

Jan 20, 2025

Upper · Passed

Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

upper

1 primary · 11 co-sponsors