Officer certification

AN ACT Relating to officer certification definitions, processes, 1
and commissioning; amending RCW 43.101.010, 43.101.095, 43.101.125, 2
43.101.126, 43.101.200, 43.101.380, 81.60.010, 81.60.020, 81.60.030, 3
81.60.040, and 81.60.060; and adding a new section to chapter 81.60 4
RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 43.101.010 and 2024 c 319 s 5 are each amended to 7
read as follows: 8
When used in this chapter: 9
(1) "Applicant" means an individual who has received a 10
conditional offer of employment with a law enforcement or corrections 11
agency. 12
(2) "Certified" means the individual has met the background check 13
requirements under this chapter; completed the basic law enforcement 14
academy, the corrections officer academy, or other training as 15
determined by the commission; and fulfilled any other requirements 16
adopted by the commission in rule, and has been granted a license by 17
the commission to serve as an officer.18
(3) "Chief for a day program" means a program in which 19
commissioners and staff partner with local, state, and federal law 20
enforcement agencies, hospitals, and the community to provide a day 21
Z-0200.1
SENATE BILL 5224
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick and Shewmake; by request of Criminal Justice
Training Commission
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Law & Justice.
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of special attention to chronically ill children. Each child is 1
selected and sponsored by a law enforcement agency. The event, "chief 2
for a day," occurs on one day, annually or every other year and may 3
occur on the grounds and in the facilities of the commission. The 4
program may include any appropriate honoring of the child as a 5
"chief," such as a certificate swearing them in as a chief, a badge, 6
a uniform, and donated gifts such as games, puzzles, and art 7
supplies. 8
(((3))) (4) "Commission" means the Washington state criminal 9
justice training commission. 10
(((4))) (5) "Commissioned" means the appointing entity has 11
granted authority in accordance with local or state law, to act as a 12
peace officer or corrections officer. However, for railroad police 13
officers commissioned under RCW 81.60.010 through 81.60.060, 14
"commissioned" has the meaning provided in chapter 81.60 RCW.15
(6) "Convicted" means at the time a plea of guilty, nolo 16
contendere, or deferred sentence has been accepted, or a verdict of 17
guilty or finding of guilt has been filed, notwithstanding the 18
pendency of any future proceedings, including but not limited to 19
sentencing, posttrial or postfact-finding motions and appeals. 20
"Conviction" includes all instances in which a plea of guilty or nolo 21
contendere is the basis for conviction, all proceedings in which 22
there is a case disposition agreement, and any equivalent disposition 23
by a court in a jurisdiction other than the state of Washington.24
(((5))) (7) "Correctional personnel" means any employee or 25
volunteer who by state, county, municipal, or combination thereof, 26
statute has the responsibility for the confinement, care, management, 27
training, treatment, education, supervision, or counseling of those 28
individuals whose civil rights have been limited in some way by legal 29
sanction. 30
(((6))) (8) "Corrections officer" means any corrections agency 31
employee whose primary job function is to provide for the custody, 32
safety, and security of adult persons in jails and detention 33
facilities in the state. "Corrections officer" does not include 34
individuals employed by state agencies. 35
(((7))) (9) "Criminal justice personnel" means any person who 36
serves as a peace officer, reserve officer, or corrections officer.37
(((8))) (10) "Finding" means a determination based on a 38
preponderance of the evidence whether alleged misconduct occurred; 39
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did not occur; occurred, but was consistent with law and policy; or 1
could neither be proven or disproven. 2
(((9))) (11) "Law enforcement personnel" means any person 3
elected, appointed, or employed as a general authority Washington 4
peace officer as defined in RCW 10.93.020 or as a limited authority 5
Washington peace officer as defined in RCW 10.93.020 who as a normal 6
part of their duties has powers of arrest and carries a firearm. For 7
the purposes of this chapter, "law enforcement personnel" does not 8
include individuals employed by the department of corrections.9
(((10))) (12) "Limited authority Washington law enforcement 10
agency" has the same meaning as defined in RCW 10.93.020.11
(13) "Peace officer" has the same meaning as a general authority 12
Washington peace officer as defined in RCW 10.93.020. Commissioned 13
officers of the Washington state patrol, whether they have been or 14
may be exempted by rule of the commission from the basic training 15
requirement of RCW 43.101.200, are included as peace officers for 16
purposes of this chapter. Fish and wildlife officers with enforcement 17
powers for all criminal laws under RCW 77.15.075 are peace officers 18
for purposes of this chapter. Limited authority Washington peace 19
officers as defined in RCW 10.93.020, who have powers of arrest and 20
carry a firearm as part of their normal duty, are peace officers for 21
purposes of this chapter. For the purposes of this chapter, "peace 22
officer" does not include reserve officers or individuals employed by 23
the department of corrections. 24
(((11))) (14) "Reserve officer" has the same meaning as provided 25
in RCW 10.93.020. 26
(((12))) (15) "Specially commissioned Washington peace officer" 27
has the same meaning as provided in RCW 10.93.020.28
(((13))) (16) "Tribal police officer" means any person employed 29
and commissioned by a tribal government to enforce the criminal laws 30
of that government. 31
Sec. 2. RCW 43.101.095 and 2024 c 330 s 10 are each amended to 32
read as follows: 33
(1) As a condition of employment, all ((Washington)) peace 34
officers and all corrections officers are required to obtain 35
certification ((as a peace officer or corrections officer )) or 36
exemption therefrom and maintain certification as required by this 37
chapter and the rules of the commission. 38
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(2)(a) Any applicant who has been offered a conditional offer of 1
employment as a peace officer or reserve officer, offered a 2
conditional offer of employment as a corrections officer after July 3
1, 2021, or offered a conditional offer of employment as a limited 4
authority Washington peace officer who if hired would qualify as a 5
peace officer as defined by RCW 43.101.010 after July 1, 2023, must 6
submit to a background investigation to determine the applicant's 7
suitability for employment. This requirement applies to any applicant 8
moving from any Washington law enforcement or corrections agency to 9
another, as well as applicants moving from a certified peace officer 10
position to a certified corrections officer position, or vice versa, 11
within the same agency. This requirement ((applies)) does not apply 12
to any person whose certification has lapsed as a result of a break 13
of more than 24 consecutive months in the officer's service ((for a 14
reason other than )) as a result of being recalled into military 15
service. Employing agencies may only make a conditional offer of 16
employment pending completion of the background check and shall 17
verify in writing to the commission that they have complied with all 18
background check requirements prior to making any nonconditional 19
offer of employment. 20
(b) The background check must include: 21
(i) A check of criminal history, any national decertification 22
index, commission records, and all disciplinary records by any 23
previous law enforcement or correctional employer, including 24
complaints or investigations of misconduct and the reason for 25
separation from employment. Law enforcement or correctional agencies 26
that previously employed the applicant shall disclose employment 27
information within 30 days of receiving a written request from the 28
employing agency conducting the background investigation, including 29
the reason for the officer's separation from the agency. Complaints 30
or investigations of misconduct must be disclosed regardless of the 31
result of the investigation or whether the complaint was unfounded;32
(ii) Inquiry to the local prosecuting authority in any 33
jurisdiction in which the applicant has served as to whether the 34
applicant is on any potential impeachment disclosure list;35
(iii) Inquiry into whether the applicant has any past or present 36
affiliations with extremist organizations, as defined by the 37
commission; 38
(iv) A review of the applicant's social media accounts;39
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(v) Verification of immigrant or citizenship status as either a 1
citizen of the United States of America, lawful permanent resident, 2
or deferred action for childhood arrivals recipient;3
(vi) A psychological examination administered by a psychiatrist 4
licensed in the state of Washington pursuant to chapter 18.71 RCW or 5
a psychologist licensed in the state of Washington pursuant to 6
chapter 18.83 RCW, in compliance with standards established in rules 7
of the commission; 8
(vii) A polygraph or similar assessment administered by an 9
experienced professional with appropriate training and in compliance 10
with standards established in rules of the commission; and11
(viii) Except as otherwise provided in this section, any test or 12
assessment to be administered as part of the background investigation 13
shall be administered in compliance with standards established in 14
rules of the commission. 15
(c) The commission may establish standards for the background 16
check requirements in this section and any other preemployment 17
background check requirement that may be imposed by an employing 18
agency or the commission. 19
(d) The employing law enforcement agency may require that each 20
person who is required to take a psychological examination and a 21
polygraph or similar test pay a portion of the testing fee based on 22
the actual cost of the test or $400, whichever is less. Employing 23
agencies may establish a payment plan if they determine that the 24
person does not readily have the means to pay the testing fee.25
(3)(a) The commission shall allow a peace officer or corrections 26
officer to retain status as a certified peace officer or corrections 27
officer as long as the officer: (i) Timely meets the basic training 28
requirements, or is exempted therefrom, in whole or in part, under 29
RCW 43.101.200 or under rule of the commission; (ii) timely meets or 30
is exempted from any other requirements under this chapter as 31
administered under the rules adopted by the commission; (iii) is not 32
denied certification by the commission under this chapter; and (iv) 33
has not had certification suspended or revoked by the commission.34
(b) The commission shall certify peace officers who are limited 35
authority Washington peace officers employed on or before July 1, 36
2023. Thereafter, the commission may revoke certification pursuant to 37
this chapter. 38
(4) As a condition of certification, a peace officer or 39
corrections officer must, on a form devised or adopted by the 40
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commission, authorize the release to the employing agency and 1
commission of the officer's personnel files, including disciplinary, 2
termination, civil or criminal investigation, or other records or 3
information that are directly related to a certification matter or 4
decertification matter before the commission. The peace officer or 5
corrections officer must also consent to and facilitate a review of 6
the officer's social media accounts, however, consistent with RCW 7
49.44.200, the officer is not required to provide login information. 8
The release of information may not be delayed, limited, or precluded 9
by any agreement or contract between the officer, or the officer's 10
union, and the entity responsible for the records or information.11
(5) The employing agency and commission are authorized to receive 12
criminal history record information that includes nonconviction data 13
for any purpose associated with employment or certification under 14
this chapter. Dissemination or use of nonconviction data for purposes 15
other than that authorized in this section is prohibited.16
(6) For a national criminal history records check, the commission 17
shall require fingerprints be submitted and searched through the 18
Washington state patrol identification and criminal history section. 19
The Washington state patrol shall forward the fingerprints to the 20
federal bureau of investigation. 21
(7) Prior to certification, the employing agency shall certify to 22
the commission that the agency has completed the background check, no 23
information has been found that would disqualify the applicant from 24
certification, and the applicant is suitable for employment as a 25
peace officer or corrections officer. 26
Sec. 3. RCW 43.101.125 and 2001 c 167 s 5 are each amended to 27
read as follows: 28
A peace officer's certification lapses automatically when there 29
is a break of more than ((twenty-four)) 24 consecutive months in the 30
officer's service as a ((full-time)) law enforcement officer. A break 31
in ((full-time)) law enforcement service which is due solely to the 32
pendency of direct review or appeal from a disciplinary discharge, or 33
to the pendency of a work-related injury, does not cause a lapse in 34
certification. The officer may petition the commission for 35
reinstatement of certification. Upon receipt of a petition for 36
reinstatement of a lapsed certificate, the commission shall determine 37
under this chapter and any applicable rules of the commission if the 38
peace officer's certification status is to be reinstated, and the 39
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commission shall also determine any requirements which the officer 1
must meet for reinstatement. The commission may adopt rules 2
establishing requirements for reinstatement. 3
Sec. 4. RCW 43.101.126 and 2020 c 119 s 6 are each amended to 4
read as follows: 5
A corrections officer's certification lapses automatically when 6
there is a break of more than ((twenty-four)) 24 consecutive months 7
in the officer's service as a ((full-time)) corrections officer. A 8
break in ((full-time)) corrections service which is due solely to the 9
pendency of direct review or appeal from a disciplinary discharge, or 10
to the pendency of a work-related injury, does not cause a lapse in 11
certification. The officer may petition the commission for 12
reinstatement of certification. Upon receipt of a petition for 13
reinstatement of a lapsed certificate, the commission shall determine 14
under this chapter and any applicable rules of the commission if the 15
corrections officer's certification status is to be reinstated, and 16
the commission shall also determine any requirements which the 17
officer must meet for reinstatement. The commission may adopt rules 18
establishing requirements for reinstatement. 19
Sec. 5. RCW 43.101.200 and 2024 c 376 s 908 are each amended to 20
read as follows: 21
(1) Except as provided in subsection (2) of this section, all law 22
enforcement personnel, except volunteers, and reserve officers 23
whether paid or unpaid, initially employed on or after January 1, 24
1978, shall engage in basic law enforcement training which complies 25
with standards adopted by the commission pursuant to RCW 43.101.080. 26
For personnel initially employed before January 1, 1990, such 27
training shall be successfully completed during the first ((fifteen)) 28
15 months of employment of such personnel unless otherwise extended 29
or waived by the commission and shall be requisite to the 30
continuation of such employment. Personnel initially employed on or 31
after January 1, 1990, shall commence basic training during the first 32
six months of employment unless the basic training requirement is 33
otherwise waived or extended by the commission. Successful completion 34
of basic training is requisite to the continuation of employment of 35
such personnel initially employed on or after January 1, 1990.36
(2)(a) All law enforcement personnel who are limited authority 37
Washington peace officers and whose employment commences on or after 38
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July 1, 2023, shall commence basic training during the first 12 1
months of employment unless the basic training requirement is 2
otherwise waived or extended by the commission. Successful completion 3
of basic training is requisite to the continuation of employment of 4
such personnel initially employed on or after July 1, 2023.5
(b)(i) The commission shall review the training files of all law 6
enforcement personnel who are limited authority Washington peace 7
officers, whose employment commenced prior to July 1, 2023, and who 8
have not successfully completed training that complies with standards 9
adopted by the commission, to determine what, if any, supplemental 10
training is required to appropriately carry out the officers' duties 11
and responsibilities. 12
(ii) Nothing in this section may be interpreted to require law 13
enforcement personnel who are limited authority Washington peace 14
officers, whose employment commenced prior to July 1, 2023, to 15
complete the basic law enforcement training academy as a condition of 16
continuing employment as a limited authority Washington peace 17
officer. 18
(iii) Law enforcement personnel who are limited authority 19
Washington peace officers are not required to complete the basic law 20
enforcement academy or an equivalent basic academy upon transferring 21
to a general authority Washington law enforcement agency or limited 22
authority Washington law enforcement agency, as defined in RCW 23
10.93.020, if they have: 24
(A) Been employed as a special agent with the Washington state 25
gambling commission, been a natural resource investigator with the 26
department of natural resources, been a liquor enforcement officer 27
with the liquor and cannabis board, been an investigator with the 28
office of the insurance commissioner, or been a park ranger with the 29
Washington state parks and recreation commission, before or after 30
July 1, 2023; and 31
(B) Received a certificate of successful completion from the 32
basic law enforcement academy or the basic law enforcement 33
equivalency academy and thereafter engaged in regular and 34
commissioned law enforcement employment with an agency listed in 35
(b)(iii)(A) of this subsection without a break or interruption in 36
excess of 24 months; and 37
(C) Remained current with the in-service training requirements as 38
adopted by the commission by rule. 39
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(3) Except as provided in RCW 43.101.170, the commission shall 1
provide the aforementioned training and shall have the sole authority 2
to do so. The commission shall provide necessary facilities, 3
supplies, materials, and the board and room of noncommuting attendees 4
for seven days per week, except during the 2017-2019, 2019-2021, and 5
2021-2023 fiscal biennia, and during fiscal year 2024, when the 6
employing, county, city, or state law enforcement agency shall 7
reimburse the commission for ((twenty-five)) 25 percent of the cost 8
of training its personnel. Additionally, to the extent funds are 9
provided for this purpose, the commission shall reimburse to 10
participating law enforcement agencies with ((ten)) 10 or less full-11
time commissioned patrol officers the cost of temporary replacement 12
of each officer who is enrolled in basic law enforcement training: 13
PROVIDED, That such reimbursement shall include only the actual cost 14
of temporary replacement not to exceed the total amount of salary and 15
benefits received by the replaced officer during ((his or her )) the 16
training period: PROVIDED FURTHER, That limited authority Washington 17
law enforcement agencies as defined in RCW 10.93.020 shall reimburse 18
the commission for the full cost of training their personnel.19
Sec. 6. RCW 43.101.380 and 2021 c 323 s 20 are each amended to 20
read as follows: 21
(1) The procedures governing adjudicative proceedings before 22
agencies under chapter 34.05 RCW, the administrative procedure act, 23
govern hearings before the commission and govern all other actions 24
before the commission unless otherwise provided in this chapter. The 25
standard of proof in actions before the commission is a preponderance 26
of the evidence. 27
(2) In all hearings requested under RCW 43.101.155, an 28
administrative law judge appointed under chapter 34.12 RCW shall be 29
the presiding officer ((,)) and shall make all necessary rulings in 30
the course of the hearing, ((and shall issue a proposed 31
recommendation,)) but is not entitled to vote. In addition, a five-32
member hearings panel shall hear the case and make the commission's 33
final administrative decision. 34
(3) The commission shall appoint a panel to hear certification 35
actions as follows: 36
(a) When a hearing is requested in relation to a certification 37
action of a Washington peace officer, the commission shall appoint to 38
the panel: (i) One police chief or sheriff from an agency not a 39
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current or past employer of the peace officer; (ii) one certified 1
Washington peace officer who is at or below the level of first line 2
supervisor and who has at least ten years' experience as a peace 3
officer; (iii) one civilian member of the commission as appointed 4
under RCW 43.101.030(1) (f) and (h) through (j); (iv) one member of 5
the public who is not a prosecutor, defense attorney, judge, or law 6
enforcement officer; and (v) one person with expertise and background 7
in police accountability who is not a current or former peace officer 8
or corrections officer. 9
(b) When a hearing is requested in relation to a certification 10
action of a Washington corrections officer, the commission shall 11
appoint to the panel: (i) A person who heads either a city or county 12
corrections agency or facility or of a Washington state department of 13
corrections facility; (ii) one corrections officer who is at or below 14
the level of first line supervisor and who has at least ten years' 15
experience as a corrections officer; (iii) one civilian member of the 16
commission as appointed under RCW 43.101.030(1) (f) and (h) through 17
(j); (iv) one member of the public who is not a prosecutor, defense 18
attorney, judge, or law enforcement officer; and (v) one person with 19
expertise and background in police accountability who is not a 20
current or former peace officer or corrections officer.21
(c) When a hearing is requested in relation to a certification 22
action of a tribal police officer, the commission shall appoint to 23
the panel (i) one tribal police chief; (ii) one tribal police officer 24
who is at or below the level of first line supervisor, and who has at 25
least ten years' experience as a peace officer; (iii) one civilian 26
member of the commission as appointed under RCW 43.101.030(1) (f) and 27
(h) through (j); (iv) one member of the public who is not a 28
prosecutor, defense attorney, judge, or law enforcement officer; and 29
(v) one person with expertise and background in police accountability 30
who is not a current or former peace officer or corrections officer.31
(d) Persons appointed to hearings panels by the commission shall, 32
in relation to any certification action on which they sit, have the 33
powers, duties, and immunities, and are entitled to the emoluments, 34
including travel expenses in accordance with RCW 43.03.050 and 35
43.03.060, of regular commission members. 36
(4) In decertification matters where there was a due process 37
hearing or a disciplinary appeals hearing following an investigation 38
by a law enforcement agency, or a criminal hearing regarding the 39
alleged misconduct, the hearings panel need not redetermine the 40
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underlying facts but may make its determination based solely on 1
review of the records and decision relating to those proceedings and 2
any investigative or summary materials from the administrative law 3
judge, legal counsel, and commission staff. However, the hearings 4
panel may, in its discretion, consider additional evidence to 5
determine whether misconduct occurred. The hearings panel shall, upon 6
written request by the subject peace officer or corrections officer, 7
allow the peace officer or corrections officer to present additional 8
evidence of extenuating circumstances. 9
(5) The commission is authorized to proceed regardless of whether 10
an arbitrator or other appellate decision maker overturns the 11
discipline imposed by the officer's employing agency or whether the 12
agency settles an appeal. No action or failure to act by a law 13
enforcement agency or corrections agency or decision resulting from 14
an appeal of that action precludes action by the commission to 15
suspend or revoke an officer's certificate, to place on probation, or 16
to require remedial training for the officer. 17
(6) The hearings, but not the deliberations of the hearings 18
panel, are open to the public. The transcripts, admitted evidence, 19
and written decisions of the hearings panel on behalf of the 20
commission are not confidential or exempt from public disclosure, and 21
are subject to subpoena and discovery proceedings in civil actions.22
(7) Summary records of hearing dispositions must be made 23
available on an annual basis on a public website. 24
(8) The commission's final administrative decision is subject to 25
judicial review under RCW 34.05.510 through 34.05.598.26
Sec. 7. RCW 81.60.010 and 2001 c 72 s 1 are each amended to read 27
as follows: 28
The criminal justice training commission shall have the power to 29
and may in its discretion ((appoint and)) commission railroad police 30
officers at the request of any railroad corporation and may revoke 31
any ((appointment)) commission at its pleasure. 32
Sec. 8. RCW 81.60.020 and 2001 c 72 s 2 are each amended to read 33
as follows: 34
Any railroad corporation desiring the ((appointment)) 35
commissioning of any of its officers, agents, or servants not 36
exceeding twenty-five in number for any one division of any railroad 37
operating in this state as railroad police officers shall file a 38
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request with the criminal justice training commission on an approved 1
application form. The application shall be signed by the president or 2
some managing officer of the railroad corporation and shall be 3
accompanied by an affidavit stating that the officer is acquainted 4
with the person whose ((appointment)) commission is sought, that the 5
officer believes the person to be of good moral character, and that 6
the person is of such character and experience that he or she can be 7
safely entrusted with the powers of a police officer.8
For the purposes of this section, "division" means the part of 9
any railroad or railroads under the jurisdiction of any one division 10
superintendent. 11
Sec. 9. RCW 81.60.030 and 2001 c 72 s 3 are each amended to read 12
as follows: 13
Before receiving a commission each person ((appointed under the 14
provisions of RCW 81.60.010 through 81.60.060)) shall successfully 15
complete a course of training prescribed or approved by the criminal 16
justice training commission, and shall take, subscribe, and file with 17
the commission an oath to support the Constitution of the United 18
States and the Constitution and laws of the state of Washington, and 19
to faithfully perform the duties of the office. The corporation 20
requesting ((appointment)) commissioning of a railroad police officer 21
shall bear the full cost of training. 22
Railroad police officers ((appointed and)) commissioned under RCW 23
81.60.010 through 81.60.060 are subject to rules and regulations 24
adopted by the commission. 25
Sec. 10. RCW 81.60.040 and 2001 c 72 s 4 are each amended to 26
read as follows: 27
Every police officer ((appointed and )) commissioned under the 28
provisions of RCW 81.60.010 through 81.60.060 shall when on duty have 29
the power and authority conferred by law on peace officers, but shall 30
exercise such power only in the protection of the property belonging 31
to or under the control of the corporation at whose instance the 32
officer is ((appointed)) commissioned and in preventing, and making 33
arrest for, violations of law upon or in connection with such 34
property. 35
Sec. 11. RCW 81.60.060 and 2001 c 72 s 6 are each amended to 36
read as follows: 37
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The corporation procuring ((the appointment)) a commission of any 1
railroad police shall be solely responsible for the compensation for 2
the officer's services and shall be liable civilly for any unlawful 3
act of the officer resulting in damage to any person or corporation.4
NEW SECTION. Sec. 12. A new section is added to chapter 81.60 5
RCW to read as follows: 6
For purposes of RCW 81.60.010 through 81.60.060, "commissioned" 7
means the criminal justice training commission has granted authority 8
in accordance with state law, to act as a railroad police officer.9
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