Law enf. hiring

AN ACT Relating to law enforcement agency and prosecutor offices 1
hiring of persons legally authorized to work in the United States; 2
amending RCW 10.93.165, 10.93.200, 41.08.070, 41.12.070, 41.14.100, 3
36.27.040, 43.101.095, and 77.15.075; and adding a new section to 4
chapter 36.27 RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 10.93.165 and 2024 c 11 s 1 are each amended to read 7
as follows: 8
A general authority Washington law enforcement agency or limited 9
authority Washington law enforcement agency may consider the 10
application of a ((citizen of the United States or a lawful permanent 11
resident)) person who is legally authorized to work in the United 12
States under federal law for any office, place, position, or 13
employment within the agency. 14
This section shall be interpreted and applied consistent with 15
federal law and regulations. This section shall not be construed to 16
permit an employer to override or bypass work authorization 17
requirements stated in section 274a.2 of Title 8 of the Code of 18
Federal Regulations.19
S-0040.3
SENATE BILL 5022
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Hansen, Dhingra, Liias, Nobles, Salomon, Slatter,
Valdez, and Wellman
Prefiled 12/10/24. Read first time 01/13/25. Referred to Committee
on Law & Justice.
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Sec. 2. RCW 10.93.200 and 2024 c 330 s 2 are each amended to 1
read as follows: 2
(1) A peace officer as defined in RCW 10.120.010 or corrections 3
officer as defined in RCW 43.101.010 employed by a general authority 4
Washington law enforcement agency or a limited authority Washington 5
law enforcement agency, as those terms are defined in RCW 10.93.020, 6
shall have the authority to possess and carry firearms, subject to 7
the written firearms policy created by the agency employing the peace 8
officer or corrections officer. 9
(2) A law enforcement agency that employs a person who is ((a 10
lawful permanent resident as defined in RCW 41.04.899 or a person who 11
is a deferred action for childhood arrivals recipient )) legally 12
authorized to work in the United States under federal law shall 13
ensure that it has a written firearms policy authorizing the 14
possession and carry of firearms by persons employed by that agency 15
as a peace officer as defined in RCW 10.120.010 or a corrections 16
officer as defined in RCW 43.101.010. A firearms policy must comply 17
with any federal law or regulation promulgated by the United States 18
department of justice, bureau of alcohol, tobacco, firearms, and 19
explosives, or any successor agency, governing possession of a 20
firearm and any related exceptions. 21
Sec. 3. RCW 41.08.070 and 2024 c 330 s 5 are each amended to 22
read as follows: 23
An applicant for a position of any kind under civil service under 24
the provisions of this chapter, must be a citizen of the United 25
States of America ((, a lawful permanent resident, or a deferred 26
action for childhood arrivals recipient )) or legally authorized to 27
work in the United States under federal law . An applicant for a 28
position of any kind under civil service under the provisions of this 29
chapter must be able to speak, read, and write the English language.30
An applicant for a position of any kind under civil service must 31
be of an age suitable for the position applied for, in ordinary good 32
health, of good moral character and of temperate and industrious 33
habits; these facts to be ascertained in such manner as the 34
commission may deem advisable. 35
Sec. 4. RCW 41.12.070 and 2024 c 330 s 6 are each amended to 36
read as follows: 37
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An applicant for a position of any kind under civil service under 1
the provisions of this chapter, must be a ((citizen of the United 2
States of America, a lawful permanent resident, or a deferred action 3
for childhood arrivals recipient )) person who is legally authorized 4
to work in the United States under federal law . An applicant for a 5
position of any kind under civil service under the provisions of this 6
chapter must be able to speak, read, and write the English language.7
An applicant for a position of any kind under civil service must 8
be of an age suitable for the position applied for, in ordinary good 9
health, of good moral character and of temperate and industrious 10
habits; these facts to be ascertained in such manner as the 11
commission may deem advisable. 12
An application for a position with a law enforcement agency may 13
be rejected if the law enforcement agency deems that it does not have 14
the resources to conduct the background investigation required 15
pursuant to chapter 43.101 RCW. Resources means materials, funding, 16
and staff time. Nothing in this section impairs an applicant's rights 17
under state antidiscrimination laws. 18
This section shall be interpreted and applied consistent with 19
federal law and regulations. This section shall not be construed to 20
permit an employer to override or bypass work authorization 21
requirements stated in section 274a.2 of Title 8 of the Code of 22
Federal Regulations.23
Sec. 5. RCW 41.14.100 and 2024 c 330 s 7 are each amended to 24
read as follows: 25
An applicant for a position of any kind under civil service under 26
the provisions of this chapter, must be a citizen of the United 27
States((, a lawful permanent resident, or a deferred action for 28
childhood arrivals recipient )) or legally authorized to work in the 29
United States under federal law . An applicant for a position of any 30
kind under civil service under the provisions of this chapter must be 31
able to speak, read, and write the English language.32
An application for a position with a law enforcement agency may 33
be rejected if the law enforcement agency deems that it does not have 34
the resources to conduct the background investigation required 35
pursuant to chapter 43.101 RCW. Resources means materials, funding, 36
and staff time. Nothing in this section impairs an applicant's rights 37
under state antidiscrimination laws. 38
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Sec. 6. RCW 36.27.040 and 2024 c 11 s 2 are each amended to read 1
as follows: 2
The prosecuting attorney may appoint one or more deputies who 3
shall have the same power in all respects as their principal. Each 4
appointment shall be in writing, signed by the prosecuting attorney, 5
and filed in the county auditor's office. Each deputy thus appointed 6
shall have the same qualifications required of the prosecuting 7
attorney, except that such deputy need not be a resident of the 8
county in which he or she serves nor a qualified elector therein. 9
Each deputy appointed must be a ((citizen of the United States or a 10
lawful permanent resident )) person who is legally authorized to work 11
in the United States under federal law . The prosecuting attorney may 12
appoint one or more special deputy prosecuting attorneys upon a 13
contract or fee basis whose authority shall be limited to the 14
purposes stated in the writing signed by the prosecuting attorney and 15
filed in the county auditor's office. Such special deputy prosecuting 16
attorney shall be admitted to practice as an attorney before the 17
courts of this state but need not be a resident of the county in 18
which he or she serves and shall not be under the legal disabilities 19
attendant upon prosecuting attorneys or their deputies except to 20
avoid any conflict of interest with the purpose for which he or she 21
has been engaged by the prosecuting attorney. The prosecuting 22
attorney shall be responsible for the acts of his or her deputies and 23
may revoke appointments at will. 24
Two or more prosecuting attorneys may agree that one or more 25
deputies for any one of them may serve temporarily as deputy for any 26
other of them on terms respecting compensation which are acceptable 27
to said prosecuting attorneys. Any such deputy thus serving shall 28
have the same power in all respects as if he or she were serving 29
permanently. 30
The provisions of chapter 39.34 RCW shall not apply to such 31
agreements. 32
The provisions of RCW 41.56.030(12) shall not be interpreted to 33
permit a prosecuting attorney to alter the at-will relationship 34
established between the prosecuting attorney and his or her appointed 35
deputies by this section for a period of time exceeding his or her 36
term of office. Neither shall the provisions of RCW 41.56.030(12) 37
require a prosecuting attorney to alter the at-will relationship 38
established by this section. 39
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NEW SECTION. Sec. 7. A new section is added to chapter 36.27 1
RCW to read as follows: 2
Employees of prosecuting attorneys' offices must be legally 3
authorized to work in the United States under federal law.4
This section shall be interpreted and applied consistent with 5
federal law and regulations. This section shall not be construed to 6
permit an employer to override or bypass work authorization 7
requirements stated in section 274a.2 of Title 8 of the Code of 8
Federal Regulations. 9
Sec. 8. RCW 43.101.095 and 2024 c 330 s 10 are each amended to 10
read as follows: 11
(1) As a condition of employment, all Washington peace officers 12
and corrections officers are required to obtain certification as a 13
peace officer or corrections officer or exemption therefrom and 14
maintain certification as required by this chapter and the rules of 15
the commission. 16
(2)(a) Any applicant who has been offered a conditional offer of 17
employment as a peace officer or reserve officer, offered a 18
conditional offer of employment as a corrections officer after July 19
1, 2021, or offered a conditional offer of employment as a limited 20
authority Washington peace officer who if hired would qualify as a 21
peace officer as defined by RCW 43.101.010 after July 1, 2023, must 22
submit to a background investigation to determine the applicant's 23
suitability for employment. This requirement applies to any person 24
whose certification has lapsed as a result of a break of more than 24 25
consecutive months in the officer's service for a reason other than 26
being recalled into military service. Employing agencies may only 27
make a conditional offer of employment pending completion of the 28
background check and shall verify in writing to the commission that 29
they have complied with all background check requirements prior to 30
making any nonconditional offer of employment. 31
(b) The background check must include: 32
(i) A check of criminal history, any national decertification 33
index, commission records, and all disciplinary records by any 34
previous law enforcement or correctional employer, including 35
complaints or investigations of misconduct and the reason for 36
separation from employment. Law enforcement or correctional agencies 37
that previously employed the applicant shall disclose employment 38
information within 30 days of receiving a written request from the 39
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employing agency conducting the background investigation, including 1
the reason for the officer's separation from the agency. Complaints 2
or investigations of misconduct must be disclosed regardless of the 3
result of the investigation or whether the complaint was unfounded;4
(ii) Inquiry to the local prosecuting authority in any 5
jurisdiction in which the applicant has served as to whether the 6
applicant is on any potential impeachment disclosure list;7
(iii) Inquiry into whether the applicant has any past or present 8
affiliations with extremist organizations, as defined by the 9
commission; 10
(iv) A review of the applicant's social media accounts;11
(v) Verification of immigrant or citizenship status as ((either)) 12
a ((citizen of the United States of America, lawful permanent 13
resident, or deferred action for childhood arrivals recipient )) 14
person who is legally authorized to work in the United States under 15
federal law.16
This section shall be interpreted and applied consistent with 17
federal law and regulations. This section shall not be construed to 18
permit an employer to override or bypass work authorization 19
requirements stated in section 274a.2 of Title 8 of the Code of 20
Federal Regulations; 21
(vi) A psychological examination administered by a psychiatrist 22
licensed in the state of Washington pursuant to chapter 18.71 RCW or 23
a psychologist licensed in the state of Washington pursuant to 24
chapter 18.83 RCW, in compliance with standards established in rules 25
of the commission; 26
(vii) A polygraph or similar assessment administered by an 27
experienced professional with appropriate training and in compliance 28
with standards established in rules of the commission; and29
(viii) Except as otherwise provided in this section, any test or 30
assessment to be administered as part of the background investigation 31
shall be administered in compliance with standards established in 32
rules of the commission. 33
(c) The commission may establish standards for the background 34
check requirements in this section and any other preemployment 35
background check requirement that may be imposed by an employing 36
agency or the commission. 37
(d) The employing law enforcement agency may require that each 38
person who is required to take a psychological examination and a 39
polygraph or similar test pay a portion of the testing fee based on 40
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the actual cost of the test or $400, whichever is less. Employing 1
agencies may establish a payment plan if they determine that the 2
person does not readily have the means to pay the testing fee.3
(3)(a) The commission shall allow a peace officer or corrections 4
officer to retain status as a certified peace officer or corrections 5
officer as long as the officer: (i) Timely meets the basic training 6
requirements, or is exempted therefrom, in whole or in part, under 7
RCW 43.101.200 or under rule of the commission; (ii) timely meets or 8
is exempted from any other requirements under this chapter as 9
administered under the rules adopted by the commission; (iii) is not 10
denied certification by the commission under this chapter; and (iv) 11
has not had certification suspended or revoked by the commission.12
(b) The commission shall certify peace officers who are limited 13
authority Washington peace officers employed on or before July 1, 14
2023. Thereafter, the commission may revoke certification pursuant to 15
this chapter. 16
(4) As a condition of certification, a peace officer or 17
corrections officer must, on a form devised or adopted by the 18
commission, authorize the release to the employing agency and 19
commission of the officer's personnel files, including disciplinary, 20
termination, civil or criminal investigation, or other records or 21
information that are directly related to a certification matter or 22
decertification matter before the commission. The peace officer or 23
corrections officer must also consent to and facilitate a review of 24
the officer's social media accounts, however, consistent with RCW 25
49.44.200, the officer is not required to provide login information. 26
The release of information may not be delayed, limited, or precluded 27
by any agreement or contract between the officer, or the officer's 28
union, and the entity responsible for the records or information.29
(5) The employing agency and commission are authorized to receive 30
criminal history record information that includes nonconviction data 31
for any purpose associated with employment or certification under 32
this chapter. Dissemination or use of nonconviction data for purposes 33
other than that authorized in this section is prohibited.34
(6) For a national criminal history records check, the commission 35
shall require fingerprints be submitted and searched through the 36
Washington state patrol identification and criminal history section. 37
The Washington state patrol shall forward the fingerprints to the 38
federal bureau of investigation. 39
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(7) Prior to certification, the employing agency shall certify to 1
the commission that the agency has completed the background check, no 2
information has been found that would disqualify the applicant from 3
certification, and the applicant is suitable for employment as a 4
peace officer or corrections officer. 5
Sec. 9. RCW 77.15.075 and 2024 c 330 s 8 are each amended to 6
read as follows: 7
(1) Fish and wildlife officers shall have and exercise, 8
throughout the state, such police powers and duties as are vested in 9
sheriffs and peace officers generally. Fish and wildlife officers are 10
general authority Washington peace officers. 11
(2) An applicant for a fish and wildlife officer position must be 12
a citizen of the United States of America ((, a lawful permanent 13
resident, or a deferred action for childhood arrivals recipient )) or 14
legally authorized to work in the United States under federal law . An 15
applicant for a fish and wildlife officer position must be able to 16
speak, read, and write the English language. Before a person may be 17
appointed to act as a fish and wildlife officer, the person shall 18
meet the minimum standards for employment with the department, 19
including successful completion of a psychological examination and 20
polygraph examination or similar assessment procedure administered in 21
accordance with the requirements of RCW 43.101.095(2).22
(3) Any liability or claim of liability under chapter 4.92 RCW 23
that arises out of the exercise or alleged exercise of authority by a 24
fish and wildlife officer rests with the department unless the fish 25
and wildlife officer acts under the direction and control of another 26
agency or unless the liability is otherwise assumed under an 27
agreement between the department and another agency.28
(4) The department may utilize the services of a volunteer 29
chaplain as provided under chapter 41.22 RCW. 30
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