Law enforcement personnel

AN ACT Relating to changing conditions, policies, and programs to 1
support specified law enforcement personnel and help in recruiting 2
and retaining law enforcement officers; amending RCW 4.24.420, 3
43.43.112, 79A.05.160, and 42.52.120; reenacting and amending RCW 4
10.120.020; adding a new section to chapter 43.59 RCW; adding a new 5
section to chapter 28B.50 RCW; adding a new section to chapter 36.28 6
RCW; and creating a new section. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that Washington 9
state has the lowest number of law enforcement officers per capita in 10
the country with a rate of 1.35 officers per one thousand residents 11
in 2023, down from 1.51 in 2019 and the national average is 2.31 12
officers per thousand residents. The legislature also finds that 13
during the same time frame of 2019 to 2023, crimes against persons 14
have increased nine percent, property crimes have increased 14 15
percent, and the number of law enforcement officers assaulted has 16
increased 21 percent. Therefore, the legislature intends to support 17
law enforcement officers and encourage more individuals to be law 18
enforcement officers by restoring reasonable protections from civil 19
liability when performing job duties in accordance with their 20
training, experience, and agency policies, directing the Washington 21
H-0566.1
HOUSE BILL 1456
State of Washington 69th Legislature 2025 Regular Session
By Representatives Griffey, Caldier, Jacobsen, Klicker, Nance, and
Eslick
Read first time 01/21/25. Referred to Committee on Community Safety.
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traffic safety commission to coordinate a law enforcement 1
appreciation media campaign, and authorizing law enforcement officers 2
to receive honoraria when giving presentations before higher 3
education classes on criminal justice or forensic science.4
Sec. 2. RCW 4.24.420 and 2021 c 325 s 1 are each amended to read 5
as follows: 6
(((1) Except in an action arising out of law enforcement 7
activities resulting in personal injury or death, it )) It is a 8
complete defense to any action for damages for personal injury or 9
wrongful death that the person injured or killed was engaged in the 10
commission of a felony at the time of the occurrence causing the 11
injury or death and the felony was a proximate cause of the injury or 12
death. 13
(((2) In an action arising out of law enforcement activities 14
resulting in personal injury or death, it is a complete defense to 15
the action that the finder of fact has determined beyond a reasonable 16
doubt that the person injured or killed was engaged in the commission 17
of a felony at the time of the occurrence causing the injury or 18
death, the commission of which was a proximate cause of the injury or 19
death.20
(3) Nothing)) However, nothing in this section shall affect a 21
right of action under 42 U.S.C. Sec. 1983. 22
Sec. 3. RCW 10.120.020 and 2022 c 80 s 3 and 2022 c 4 s 3 are 23
each reenacted and amended to read as follows: 24
(1) PHYSICAL FORCE. Except as otherwise provided under this 25
section, a peace officer may use physical force against a person to 26
the extent necessary to: 27
(a) Protect against a criminal offense when there is probable 28
cause that the person has committed, is committing, or is about to 29
commit the offense; 30
(b) Effect an arrest; 31
(c) Prevent an escape as defined under chapter 9A.76 RCW;32
(d) Take a person into custody, transport a person for evaluation 33
or treatment, or provide other assistance under chapter 10.77, 71.05, 34
or 71.34 RCW; 35
(e) Take a minor into protective custody when authorized or 36
directed by statute; 37
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(f) Execute or enforce a court order authorizing or directing a 1
peace officer to take a person into custody; 2
(g) Execute a search warrant; 3
(h) Execute or enforce an oral directive issued by a judicial 4
officer in the courtroom or a written order where the court expressly 5
authorizes a peace officer to use physical force to execute or 6
enforce the directive or order; ((or))7
(i) Prevent a person from fleeing or stop a person who is 8
actively fleeing a lawful temporary investigative detention, provided 9
that the person has been given notice that he or she is being 10
detained and is not free to leave; 11
(j) Take a person into custody when authorized or directed by 12
statute; or 13
(k) Protect against an imminent threat of bodily injury to the 14
peace officer, another person, or the person against whom force is 15
being used. 16
(2) DEADLY FORCE. Except as otherwise provided under this 17
section, a peace officer may use deadly force against another person 18
only when necessary to protect against an immediate threat of serious 19
physical injury or death to the officer or another person. For 20
purposes of this subsection: "Immediate threat of serious physical 21
injury or death" means that, based on the totality of the 22
circumstances, it is objectively reasonable to believe that a person 23
has the present and apparent ability, opportunity, and intent to 24
immediately cause death or serious bodily injury to the peace officer 25
or another person. 26
(3) REASONABLE CARE. A peace officer shall use reasonable care 27
when determining whether to use physical force or deadly force and 28
when using any physical force or deadly force against another person. 29
To that end, a peace officer shall: 30
(a) When possible, use all de-escalation tactics that are 31
available and appropriate under the circumstances before using 32
physical force; 33
(b) When using physical force, use the least amount of physical 34
force necessary to overcome resistance under the circumstances. This 35
includes a consideration of the characteristics and conditions of a 36
person for the purposes of determining whether to use force against 37
that person and, if force is necessary, determining the appropriate 38
and least amount of force possible to effect a lawful purpose. Such 39
characteristics and conditions may include, for example, whether the 40
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person: Is visibly pregnant, or states that they are pregnant; is 1
known to be a minor, objectively appears to be a minor, or states 2
that they are a minor; is known to be a vulnerable adult, or 3
objectively appears to be a vulnerable adult as defined in RCW 4
74.34.020; displays signs of mental, behavioral, or physical 5
impairments or disabilities; is experiencing perceptual or cognitive 6
impairments typically related to the use of alcohol, narcotics, 7
hallucinogens, or other drugs; is suicidal; has limited English 8
proficiency; or is in the presence of children; 9
(c) Terminate the use of physical force as soon as the necessity 10
for such force ends; 11
(d) When possible, use less lethal alternatives that are 12
available and appropriate under the circumstances before using deadly 13
force; and 14
(e) Make less lethal alternatives issued to the officer 15
reasonably available for his or her use. 16
(4) A peace officer may not use any force tactics prohibited by 17
applicable departmental policy, this chapter, or otherwise by law, 18
except to protect his or her life or the life of another person from 19
an imminent threat. 20
(5) Nothing in this section: 21
(a) Limits or restricts a peace officer's authority or 22
responsibility to perform lifesaving measures or perform community 23
caretaking functions to ensure health and safety including, but not 24
limited to, rendering medical assistance, performing welfare checks, 25
or assisting other first responders and medical professionals;26
(b) Prevents a peace officer from responding to requests for 27
assistance or service from first responders, medical professionals, 28
behavioral health professionals, social service providers, designated 29
crisis responders, shelter or housing providers, or any member of the 30
public; 31
(c) Permits a peace officer to use physical force or deadly force 32
in a manner or under such circumstances that would violate the United 33
States Constitution or state Constitution; or 34
(d) Prevents a law enforcement agency or political subdivision of 35
this state from adopting policies or standards with additional 36
requirements for de-escalation and greater restrictions on the use of 37
physical and deadly force than provided in this section.38
(6) The standards under this section shall be interpreted 39
according to whether the officer's actions are objectively reasonable 40
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in light of the totality of the circumstances, without regard to the 1
officer's underlying intent or motivation, and the reasonableness of 2
a particular use of force must be judged from the perspective of a 3
reasonable officer on the scene, and its calculus must embody an 4
allowance for the fact that police officers are often forced to make 5
split second decisions about the amount of force necessary in a 6
particular situation. 7
(7) For the purposes of this section, "appropriate," "necessary," 8
"possible," "reasonable," "available," and "imminent" must be 9
interpreted according to an objective standard which considers all 10
the facts, circumstances, and information known to the officer at the 11
time to determine whether a similarly situated reasonable officer 12
would have determined the action was appropriate, necessary, 13
possible, reasonable, available, or imminent.14
NEW SECTION. Sec. 4. A new section is added to chapter 43.59 15
RCW to read as follows: 16
The traffic safety commission using funds appropriated for this 17
specific purpose must develop and implement a law enforcement 18
appreciation media campaign in coordination with a statewide 19
association representing police officers and sheriffs and in 20
consultation with the Washington state patrol. This media campaign is 21
to educate and focus public attention on police officers that have 22
been heroes in their communities, standing between violence and 23
people that would harm others. The goal of the campaign is to let the 24
public know more about how police officers keep people safe in their 25
communities. 26
NEW SECTION. Sec. 5. A new section is added to chapter 28B.50 27
RCW to read as follows: 28
(1) The legislature finds that involvement by certified law 29
enforcement officers in college programs can help improve the image 30
of law enforcement within the community, create positive interactions 31
with potential recruits, and inspire individuals to consider a career 32
in law enforcement. A law enforcement officer's duties do not include 33
any obligation to interact with college programs in such a manner.34
(2) An institution of higher education, as defined in RCW 35
28B.10.016, may engage a general authority Washington peace officer, 36
as defined in RCW 10.93.020, or an officer employed by the state 37
parks and recreation commission, to do a presentation as part of a 38
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criminal justice associate, law enforcement, police science, 1
financial forensics and fraud, or forensic science and technology 2
course and pay an honorarium. Such payment is only appropriate when 3
the presentation occurs outside of his or her official duties.4
NEW SECTION. Sec. 6. A new section is added to chapter 36.28 5
RCW to read as follows: 6
Sheriffs and deputy sheriffs may make presentations and receive 7
honorarium in accordance with section 5 of this act.8
Sec. 7. RCW 43.43.112 and 2005 c 124 s 1 are each amended to 9
read as follows: 10
(1) Washington state patrol officers may engage in private law 11
enforcement off-duty employment, in uniform or in plainclothes for 12
private benefit, subject to guidelines adopted by the chief of the 13
Washington state patrol. These guidelines must ensure that the 14
integrity and professionalism of the Washington state patrol is 15
preserved. Use of Washington state patrol officer's uniforms shall be 16
considered de minimis use of state property. 17
(2) Washington state patrol officers may make presentations and 18
receive honorarium in accordance with section 5 of this act.19
Sec. 8. RCW 79A.05.160 and 2016 c 185 s 1 are each amended to 20
read as follows: 21
(1) Designated officers, employed by the commission, shall be 22
vested with police powers to enforce the laws of this state:23
(a) Within the boundaries of any state park, including lands 24
owned, managed, or comanaged by the commission under lease or other 25
agreement; 26
(b) In winter recreation facilities established and administered 27
by the commission pursuant to RCW 79A.05.225(1)(a);28
(c) On public roadways and public waterways bisecting the 29
contiguous borders of any state park, including lands owned, managed, 30
or comanaged by the commission under lease or other agreement;31
(d) Upon the prior written consent of the sheriff or chief of 32
police in whose primary territorial jurisdiction the exercise of the 33
powers occur; 34
(e) In response to the request of a peace officer with 35
enforcement authority; and 36
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(f) When the officer is in fresh pursuit for an offense committed 1
in the presence of the officer while the officer had police powers as 2
specified in (a) through (e) of this subsection. 3
(2) The director may, under the provisions of RCW 7.84.140, enter 4
into an agreement allowing officers of the department of natural 5
resources, the department of fish and wildlife, and tribal law 6
enforcement agencies on contiguous or comanaged property, to enforce 7
certain civil infractions created under this title.8
(3) Any officer employed by the commission may make presentations 9
and receive honorarium in accordance with section 5 of this act.10
Sec. 9. RCW 42.52.120 and 1997 c 318 s 1 are each amended to 11
read as follows: 12
(1) No state officer or state employee may receive any thing of 13
economic value under any contract or grant outside of his or her 14
official duties. The prohibition in this subsection does not apply 15
where the state officer or state employee has complied with RCW 16
42.52.030(2) or each of the following conditions are met:17
(a) The contract or grant is bona fide and actually performed;18
(b) The performance or administration of the contract or grant is 19
not within the course of the officer's or employee's official duties, 20
or is not under the officer's or employee's official supervision;21
(c) The performance of the contract or grant is not prohibited by 22
RCW 42.52.040 or by applicable laws or rules governing outside 23
employment for the officer or employee; 24
(d) The contract or grant is neither performed for nor 25
compensated by any person from whom such officer or employee would be 26
prohibited by RCW 42.52.150(4) from receiving a gift;27
(e) The contract or grant is not one expressly created or 28
authorized by the officer or employee in his or her official 29
capacity; 30
(f) The contract or grant would not require unauthorized 31
disclosure of confidential information. 32
(2) In addition to satisfying the requirements of subsection (1) 33
of this section, a state officer or state employee may have a 34
beneficial interest in a grant or contract or a series of 35
substantially identical contracts or grants with a state agency only 36
if: 37
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(a) The contract or grant is awarded or issued as a result of an 1
open and competitive bidding process in which more than one bid or 2
grant application was received; or 3
(b) The contract or grant is awarded or issued as a result of an 4
open and competitive bidding or selection process in which the 5
officer's or employee's bid or proposal was the only bid or proposal 6
received and the officer or employee has been advised by the 7
appropriate ethics board, before execution of the contract or grant, 8
that the contract or grant would not be in conflict with the proper 9
discharge of the officer's or employee's official duties; or10
(c) The process for awarding the contract or issuing the grant is 11
not open and competitive, but the officer or employee has been 12
advised by the appropriate ethics board that the contract or grant 13
would not be in conflict with the proper discharge of the officer's 14
or employee's official duties. 15
(3) A state officer or state employee awarded a contract or 16
issued a grant in compliance with subsection (2) of this section 17
shall file the contract or grant with the appropriate ethics board 18
within thirty days after the date of execution; however, if 19
proprietary formulae, designs, drawings, or research are included in 20
the contract or grant, the proprietary formulae, designs, drawings, 21
or research may be deleted from the contract or grant filed with the 22
appropriate ethics board. 23
(4) This section does not prevent a state officer or state 24
employee from receiving compensation contributed from the treasury of 25
the United States, another state, county, or municipality if the 26
compensation is received pursuant to arrangements entered into 27
between such state, county, municipality, or the United States and 28
the officer's or employee's agency. This section does not prohibit a 29
state officer or state employee from serving or performing any duties 30
under an employment contract with a governmental entity.31
(5) As used in this section, "officer" and "employee" do not 32
include officers and employees who, in accordance with the terms of 33
their employment or appointment, are serving without compensation 34
from the state of Washington or are receiving from the state only 35
reimbursement of expenses incurred or a predetermined allowance for 36
such expenses. 37
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(6) This section does not prevent a state officer or state 1
employee as identified in section 5 (2) of this act from receiving an 2
honorarium in accordance with section 5 of this act.3
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