Sheriffs, chiefs, etc.

AN ACT Relating to modernizing, harmonizing, and clarifying laws 1
concerning sheriffs, chiefs, marshals, and police matrons; amending 2
RCW 35.21.333, 35.21.334, 35.23.161, 35.27.240, 36.28.010, 36.28.025, 3
43.101.095, 36.28.020, 43.101.380, and 43.101.400; adding a new 4
section to chapter 35.21 RCW; adding a new section to chapter 36.28 5
RCW; creating a new section; and repealing RCW 35.66.010, 35.66.020, 6
35.66.030, 35.66.040, 35.66.050, and 36.28.011. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that specific laws 9
governing the eligibility requirements, duties, and responsibilities 10
of sheriffs, police chiefs, and marshals should be updated and 11
revised to reflect current best practices, and to ensure that local 12
law enforcement executives, whether sheriffs, police chiefs, or 13
marshals, whether appointed or elected, or whether partisan or 14
nonpartisan, are subject to the same requirements and standards. By 15
establishing such consistent requirements and standards, the 16
legislature intends to enhance the effectiveness, professionalism, 17
and accountability of law enforcement executives, to promote public 18
trust and confidence in law enforcement, and to increase community 19
safety.20
S-0648.1
SENATE BILL 5364
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Valdez, Dhingra, Nobles, Pedersen, and Trudeau
Read first time 01/20/25. Referred to Committee on Law & Justice.
p. 1 SB 5364
Where all those who serve in law enforcement must maintain their 1
peace officer certification, the legislature finds that state law 2
should be clear regarding actions taken when a sheriff, police chief, 3
or marshal has their certification revoked, to ensure that state law 4
reflects consistent principles of strong accountability for all 5
ranks. 6
The legislature finds further that specially commissioned 7
officers and volunteers, if retained by local law enforcement 8
executives to assist with agency needs, should be limited to roles 9
that do not involve taking law enforcement actions, including the 10
carrying of firearms or other weapons, the detention and arrest of 11
others, and the use of force and deadly force, unless the person has 12
completed peace officer training and certification requirements, and 13
that law enforcement agencies must have policies circumscribing the 14
permissible roles for volunteers, including search and rescue, care 15
of animals, and chaplaincy, and limitations on use of uniforms and 16
badges. 17
The legislature also intends to clarify and reinforce state law 18
establishing that the core duty of sheriffs is to enforce the 19
Washington state Constitution and laws, as enacted by the legislature 20
and interpreted by the Washington supreme court, which is in 21
alignment with the Washington supreme court's ruling in In re Recall 22
of Fortney, 196 Wn.2d 766 (2021). 23
The legislature further finds that antiquated laws regarding 24
"police matrons" should be repealed. 25
Sec. 2. RCW 35.21.333 and 2013 c 39 s 17 are each amended to 26
read as follows: 27
(1) A person seeking appointment to the office of chief of police 28
or marshal ((, of a city or town, including a code city, with a 29
population in excess of one thousand )) in any city or town , is 30
((ineligible unless )) eligible for appointment and for remaining in 31
that office if that person: 32
(a) Is a citizen of the United States of America;33
(b) Is at least 25 years old;34
(c) Has obtained a high school diploma or high school equivalency 35
certificate as provided in RCW 28B.50.536; 36
(((c))) (d) Has not been convicted under the laws of this state, 37
another state, ((or)) the United States , or the equivalent under 38
foreign law, of a felony; 39
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(((d))) (e) Has not been convicted under the laws of this state, 1
another state, the United States, or the equivalent under foreign law 2
of a gross misdemeanor ((or any crime )) involving moral turpitude 3
((within five years of the date of application )), dishonesty, fraud, 4
or corruption; 5
(((e))) (f) Has not engaged in conduct meeting the criteria 6
requiring denial or revocation of certification set forth in RCW 7
43.101.105(2);8
(g) Has received at least a general discharge under honorable 9
conditions from any branch of the armed services for any military 10
service if the person was in the military service;11
(((f))) (h) Has completed at least two years of regular, 12
uninterrupted, full-time ((commissioned)) law enforcement agency 13
employment involving enforcement responsibilities with a government 14
law enforcement agency; ((and15
(g) The person has been certified as a regular and commissioned 16
enforcement officer through compliance with this state's basic 17
training requirement or equivalency))18
(i) Within 12 months of assuming office, unless otherwise 19
extended by the criminal justice training commission, has obtained 20
certification and maintains certification as required under chapter 21
43.101 RCW and the rules of the commission; and22
(j) Except as provided in subsection (3) of this section, if not 23
yet certified, has met the background investigation requirements 24
under RCW 43.101.095, and if certified, has met the background 25
investigation requirements that confirm that the person is eligible 26
under this subsection.27
(i) The background investigation must be completed by the 28
appointing authority no earlier than six months prior to the date of 29
appointment. The appointing authority must submit verification to the 30
criminal justice training commission that the applicant meets the 31
eligibility criteria, has complied with all applicable standards and 32
was not determined by the background investigation and commission 33
rules to be unsuitable for employment by a law enforcement agency or 34
to serve in the office of chief of police or marshal. Such 35
verification is a public record.36
(ii) The appointing authority is responsible for any fees 37
associated with the background investigation. 38
(2) ((A person seeking appointment to the office of chief of 39
police or marshal, of a city or town, including a code city, with a 40
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population of one thousand or less, is ineligible unless that person 1
conforms with the requirements of subsection (1) (a) through (e) of 2
this section. A person so appointed as chief of police or marshal 3
must successfully complete the state's basic training requirement or 4
equivalency within nine months after such appointment, unless an 5
extension has been granted by the criminal justice training 6
commission. 7
(3))) A person seeking appointment to the office of chief of 8
police or marshal shall provide a sworn statement under penalty of 9
perjury to the appointing authority stating that the person meets the 10
requirements of this section. 11
(3) The background investigation requirements of this section do 12
not apply to any person who is holding the office of chief of police 13
or marshal as of the effective date of this section, unless the 14
person seeks appointment to a different office of chief of police or 15
marshal.16
(4) For the purposes of this section, "government law enforcement 17
agency" means a general authority Washington law enforcement agency 18
or a limited authority Washington law enforcement agency as defined 19
in RCW 10.93.020, or a state or federal governmental agency that is 20
authorized by law to engage in or supervise the prevention, 21
detection, investigation, or prosecution of, or the incarceration of 22
any person for, any violation of law.23
Sec. 3. RCW 35.21.334 and 1987 c 339 s 5 are each amended to 24
read as follows: 25
(1) Before making an appointment ((in)) to the office of chief of 26
police or marshal in any city or town , the appointing ((agency shall 27
complete a thorough background investigation of the candidate )) 28
authority must attest as part of the public record of appointment 29
that the requirements of RCW 35.21.333 have been met . ((The 30
Washington association of sheriffs and police chiefs shall develop 31
advisory procedures which may be used by the appointing authority in 32
completing its background investigation of candidates for the office 33
of chief of police or marshal))34
(2) Such appointment shall be terminated, and a vacancy created, 35
if the chief of police's or marshal's certification is not maintained 36
as required, if the chief of police or marshal is disqualified from 37
serving as a law enforcement officer because of decertification under 38
chapter 43.101 RCW, or if the other requirements of RCW 35.21.333 are 39
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determined to have not been met, or to have not been complied with 1
while in office. The appointing city or town authority shall appoint 2
a replacement to fill the office. The person appointed must meet the 3
requirements of RCW 35.21.333. 4
Sec. 4. RCW 35.23.161 and 1994 c 81 s 40 are each amended to 5
read as follows: 6
The department of police in a city of the second class shall be 7
under the direction and control of the chief of police subject to the 8
direction of the mayor. The city and chief must comply with the 9
requirements set forth in RCW 35.21.333 and 35.21.334. Any police 10
officer may pursue and arrest violators of city ordinances beyond the 11
city limits. 12
((Every citizen shall lend the police chief aid, when required, 13
for the arrest of offenders and maintenance of public order. With the 14
concurrence of the mayor, the police chief may appoint additional 15
police officers to serve for one day only under orders of the chief 16
in the preservation of public order. )) The department must comply 17
with the requirements set forth in section 6 of this act regarding 18
use of volunteers and specially commissioned officers.19
The police chief shall have the same authority as that conferred 20
upon sheriffs for the suppression of any riot, public tumult, 21
disturbance of the peace, or resistance against the laws or the 22
public authorities in the lawful exercise of their functions and 23
shall be entitled to the same protection. 24
The police chief shall perform such other services as may be 25
required by statute or ordinances of the city. 26
Sec. 5. RCW 35.27.240 and 2007 c 218 s 67 are each amended to 27
read as follows: 28
The department of police in a town shall be under the direction 29
and control of the marshal subject to the direction of the mayor. The 30
town and marshal must comply with the requirements set forth in RCW 31
35.21.333 and 35.21.334. He or she may pursue and arrest violators of 32
town ordinances beyond the town limits. 33
The marshal's lawful orders shall be promptly executed by 34
deputies((,)) and police officers ((and watchpersons. Every citizen 35
shall lend him or her aid, when required, for the arrest of offenders 36
and maintenance of public order )). He or she may appoint, subject to 37
the approval of the mayor, one or more deputies, for whose acts he 38
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and his or her bondspersons shall be responsible, whose compensation 1
shall be fixed by the council. ((With the concurrence of the mayor, 2
the marshal may appoint additional police officers for one day only 3
when necessary for the preservation of public order )) The department 4
must comply with the requirements set forth in section 6 of this act 5
regarding use of volunteers and specially commissioned officers.6
The marshal shall have the same authority as that conferred upon 7
sheriffs for the suppression of any riot, public tumult, disturbance 8
of the peace, or resistance against the laws or public authorities in 9
the lawful exercise of their functions and shall be entitled to the 10
same protection. 11
The marshal shall execute and return all process issued and 12
directed to him or her by any legal authority and for his or her 13
services shall receive the same fees as are paid to constables. The 14
marshal shall perform such other services as the council by ordinance 15
may require. 16
NEW SECTION. Sec. 6. A new section is added to chapter 35.21 17
RCW to read as follows: 18
(1) If a law enforcement agency in any city or town uses 19
volunteers or specially commissioned officers to assist in the work 20
of their agency, the roles of volunteers and specially commissioned 21
officers, other than those who serve as reserve officers as defined 22
in RCW 10.93.020, shall be limited to functions and actions not 23
involving use of law enforcement authority or carrying of or use of 24
firearms or other weapons, unless the volunteer or specially 25
commissioned officer is certified under chapter 43.101 RCW.26
(2) Limitations on authority and the required supervision of 27
volunteers and specially commissioned officers must be set forth in 28
that agency's policies and regulations. Agency policies and 29
regulations shall also include requirements that volunteers and 30
specially commissioned officers must be clearly identifiable by the 31
public as distinguishable from peace officers, and that if they are 32
provided badges or other identifying insignia, such identification 33
shall be officially issued by the agency and used only while on duty 34
in this role. 35
Sec. 7. RCW 36.28.010 and 2009 c 549 s 4050 are each amended to 36
read as follows: 37
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The sheriff is the chief executive officer and conservator of the 1
peace of the county. In the execution of ((his or her )) the office, 2
((he or she and his or her)) the sheriff and the sheriff's deputies:3
(1) Shall enforce the Constitution and laws of the United States 4
and the Constitution and laws of the state of Washington, as 5
interpreted and applied by the state supreme court;6
(2) Shall be authorized to make complaint of all violations of 7
the criminal law, which shall come to their knowledge, and arrest and 8
commit to ((prison)) jail all persons who break the peace, or attempt 9
to break it, and all persons guilty of public offenses;10
(((2))) (3) Shall defend the county against those who, by riot or 11
otherwise, endanger the public peace or safety; 12
(((3))) (4) Shall execute the process and orders of the courts of 13
justice or judicial officers, when delivered for that purpose, 14
according to law; 15
(((4))) (5) Shall execute all warrants delivered for that purpose 16
by other public officers, according to the provisions of particular 17
statutes; 18
(((5))) (6) Shall attend , when appropriate, the sessions of the 19
courts of record held within the county, and obey ((their)) lawful 20
judicial orders or directions; 21
(((6))) (7) Shall keep and preserve the peace in their respective 22
counties, and are authorized to work in collaboration with other law 23
enforcement agencies to help quiet and suppress all affrays, riots, 24
unlawful assemblies and insurrections, ((for which purpose, and for )) 25
effect the service of process in civil or criminal cases, and ((in 26
apprehending or securing)) apprehend and secure any person for felony 27
or breach of the peace((, they may));28
(8)(a) May call to their aid ((such persons, or power of their 29
county as they may deem necessary )) volunteers or specially 30
commissioned officers. The roles of volunteers and specially 31
commissioned officers, other than those who serve as reserve officers 32
as defined in RCW 10.93.020, shall be limited to functions and 33
actions not involving use of law enforcement authority or carrying of 34
or use of firearms or other weapons, unless the volunteer or 35
specially commissioned officer is certified under chapter 43.101 RCW.36
(b) Limitations on authority and the required supervision of 37
volunteers and specially commissioned officers must be set forth in 38
that agency's policies and regulations. Agency policies and 39
regulations shall also include requirements that volunteers and 40
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specially commissioned officers must be clearly identifiable by the 1
public as distinguishable from peace officers, and if they are 2
provided badges or other identifying insignia, such identification 3
shall be officially issued by the agency and used only while on duty 4
in this role. 5
Sec. 8. RCW 36.28.025 and 1979 ex.s. c 153 s 6 are each amended 6
to read as follows: 7
((A person who files a declaration of candidacy for the office of 8
sheriff after September 1, 1979, shall have, within twelve months of 9
assuming office, a certificate of completion of a basic law 10
enforcement training program which complies with standards adopted by 11
the criminal justice training commission pursuant to RCW 43.101.080 12
and 43.101.160.13
This requirement does not apply to persons holding the office of 14
sheriff in any county on September 1, 1979 )) (1) A person filing for 15
candidacy for the office of sheriff, or seeking appointment to the 16
office of sheriff, is eligible for holding or remaining in that 17
office if that person:18
(a) Is a citizen of the United States of America;19
(b) Is at least 25 years old;20
(c) Has obtained a high school diploma or high school equivalency 21
certificate as provided in RCW 28B.50.536;22
(d) Has not been convicted under the laws of this state, another 23
state, United States law, or foreign law, of a felony;24
(e) Has not been convicted under the laws of this state, another 25
state, the United States, or foreign law, of a gross misdemeanor 26
involving moral turpitude, dishonesty, fraud, or corruption;27
(f) Has not engaged in conduct meeting the criteria requiring 28
denial or revocation of certification set forth in RCW 43.101.105(2);29
(g) Has received at least a general discharge under honorable 30
conditions from any branch of the armed services for any military 31
service if the person was in the military service;32
(h) Has completed at least two years of regular, uninterrupted, 33
full-time law enforcement agency employment involving enforcement 34
responsibilities with a government law enforcement agency;35
(i) Within 12 months of assuming office, unless otherwise 36
extended by the criminal justice training commission, has obtained 37
certification and maintains certification as required under chapter 38
43.101 RCW and the rules of the commission; and39
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(j) Except as provided in subsection (4) of this section, if not 1
yet certified, has met the background investigation requirements 2
under RCW 43.101.095. If certified, has completed a background 3
investigation that confirms that the person is eligible under this 4
section.5
(i) If a person is filing for candidacy for the office of 6
sheriff, the Washington state patrol must conduct the background 7
investigation and submit the completed background investigation to 8
the criminal justice training commission for verification that it 9
complies with the requirements of this section at least 45 days 10
before the deadline for filing for election. If the commission 11
determines additional background information must be gathered to 12
fulfill the statutory requirements, the commission shall request the 13
state patrol conduct the necessary additional investigation and the 14
state patrol shall resubmit the completed investigation to the 15
commission for verification. Once the commission completes its 16
verification that the background investigation requirements have or 17
have not been met, the commission shall notify the state patrol and 18
the candidate. The commission shall also at the same time post on 19
their public website maintained under RCW 43.101.400(4) a list of all 20
candidates for sheriff who have passed the required background 21
investigation so that the public and election officials may readily 22
ascertain whether any candidate filing for office has not met the 23
required eligibility criteria and is thus not eligible to be on the 24
ballot.25
(ii) The person filing for candidacy must submit a background 26
investigation request to the Washington state patrol at least three 27
months before the deadline to file for election so that there is 28
sufficient time for the state patrol and the criminal justice 29
training commission to conduct the investigation and verification 30
process.31
(iii) In the case of appointment, the background investigation 32
must be completed by the appointing authority no earlier than six 33
months prior to the date of appointment. The appointing authority 34
must submit verification to the criminal justice training commission 35
that the applicant meets the eligibility criteria, has complied with 36
all applicable standards and was not determined by the background 37
investigation and commission rules to be unsuitable for employment by 38
a law enforcement agency or to serve in the office of chief of police 39
or marshal. Such verification is a public record.40
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(iv) The Washington state patrol is responsible for any fees 1
associated with the background investigation for any person seeking 2
election to the office of sheriff. The appointing authority is 3
responsible for any fees associated with the background investigation 4
for any person being appointed to the office of sheriff.5
(2) A person seeking election or appointment to the office of 6
sheriff must provide a sworn statement under penalty of perjury to 7
the state patrol or to the appointing authority stating that the 8
person meets the requirements of this section, and the state patrol 9
or appointing authority must attest as part of the public record that 10
the requirements of this section have been met.11
(3) For the purposes of this section, "government law enforcement 12
agency" means a general authority Washington law enforcement agency 13
or a limited authority Washington law enforcement agency as defined 14
in RCW 10.93.020, or a state or federal governmental agency that is 15
authorized by law to engage in or supervise the prevention, 16
detection, investigation, or prosecution of, or the incarceration of 17
any person for, any violation of law.18
(4) The background investigation requirements of this section do 19
not apply to any person who is holding the office of sheriff as of 20
the effective date of this section, unless the person seeks election 21
or appointment to a different office of sheriff. 22
NEW SECTION. Sec. 9. A new section is added to chapter 36.28 23
RCW to read as follows: 24
(1) In addition to the causes for vacancy of elective office set 25
forth in RCW 42.12.010, a vacancy in the office of sheriff is created 26
if the incumbent does not maintain certification as required under 27
chapter 43.101 RCW, is disqualified from serving as a law enforcement 28
officer because of decertification under chapter 43.101 RCW, or if 29
the other requirements of RCW 36.28.025 are determined to have not 30
been met or to have been violated while in office. When a vacancy has 31
been created, if it is a partisan elective office, the county 32
legislative authority of that county shall appoint a replacement to 33
fill the office. If it is a nonpartisan elective office, the county 34
executive or the county legislative authority of that county shall 35
appoint a replacement to fill the office. The person appointed must 36
meet the requirements of RCW 36.28.025. 37
(2) Where the office of sheriff is an appointed position, such 38
appointment is terminated, and a vacancy created, if the incumbent 39
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does not maintain certification as required under chapter 43.101 RCW, 1
is disqualified from serving as a law enforcement officer because of 2
decertification under chapter 43.101 RCW, or if the other 3
requirements of RCW 36.28.025 are determined to have not been met or 4
to have not been complied with while in office. The appointing county 5
authority shall appoint a replacement to fill the office. The person 6
appointed must meet the requirements of RCW 36.28.025.7
Sec. 10. RCW 43.101.095 and 2024 c 330 s 10 are each amended to 8
read as follows: 9
(1)(a) As a condition of employment, election, or appointment to 10
office, all ((Washington)) peace officers and all corrections 11
officers are required to obtain certification ((as a peace officer or 12
corrections officer or exemption therefrom )) and maintain 13
certification as required by this chapter and the rules of the 14
commission. 15
(b) To ensure that sheriffs, chiefs, and marshals meet the 16
requirements in RCW 35.21.333 and 36.28.025 to obtain certification 17
within 12 months of assuming office, the commission must prioritize 18
their access to any commission training required for certification.19
(2)(a) Any applicant ((who has been offered a conditional offer 20
of employment )) seeking election, appointment, or employment as a 21
peace officer ((or)), reserve officer, ((offered a conditional offer 22
of employment as a )) corrections officer ((after July 1, 2021 )), or 23
((offered a conditional offer of employment )) as a limited authority 24
Washington peace officer who if hired would qualify as a peace 25
officer as defined by RCW 43.101.010 ((after July 1, 2023 )), must 26
submit to a background investigation to determine the applicant's 27
suitability for employment. This requirement ((applies)) does not 28
apply to any person whose certification has lapsed as a result of a 29
break of more than 24 consecutive months in the officer's service 30
((for a reason other than )) as a result of being recalled into 31
military service. Employing agencies and appointing authorities may 32
only make a conditional offer of employment pending completion of the 33
background ((check)) investigation and shall ((verify)) attest in 34
writing to the commission that they have complied with all background 35
((check)) investigation requirements prior to making any 36
nonconditional offer of employment. 37
(b) The background ((check)) investigation must have been 38
completed within the prior six months, and include:39
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(i) A check of criminal history, any national decertification 1
index, commission records, and all disciplinary records by any 2
previous law enforcement or correctional employer, including 3
complaints or investigations of misconduct and the reason for 4
separation from employment. Law enforcement or correctional agencies 5
that previously employed or received an application from the 6
applicant shall retain application records and disclose employment or 7
application information within 30 days of receiving a written request 8
from the employing agency conducting the background investigation, 9
including the reason for the officer's separation from the agency , 10
any information regarding the candidate's application to that agency, 11
and any other information obtained during the background 12
investigation conducted as part of the application process . 13
Complaints or investigations of misconduct must be disclosed 14
regardless of the result of the investigation or whether the 15
complaint was unfounded; 16
(ii) Inquiry to the local prosecuting authority in any 17
jurisdiction in which the applicant has served as to whether the 18
applicant is on any potential impeachment disclosure list;19
(iii) Inquiry into whether the applicant has any past or present 20
affiliations with extremist organizations, as defined by the 21
commission; 22
(iv) A review of the applicant's social media accounts;23
(v) Verification of immigrant or citizenship status as either a 24
citizen of the United States of America, lawful permanent resident, 25
or deferred action for childhood arrivals recipient;26
(vi) A psychological examination administered by a psychiatrist 27
licensed in the state of Washington pursuant to chapter 18.71 RCW or 28
a psychologist licensed in the state of Washington pursuant to 29
chapter 18.83 RCW, in compliance with standards established in rules 30
of the commission; 31
(vii) A polygraph or similar assessment administered by an 32
experienced professional with appropriate training and in compliance 33
with standards established in rules of the commission; and34
(viii) Except as otherwise provided in this section, any test or 35
assessment to be administered as part of the background investigation 36
shall be administered in compliance with standards established in 37
rules of the commission. 38
(c) The commission may establish standards for the background 39
((check)) investigation requirements in this section and any other 40
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preemployment background ((check)) investigation requirement that may 1
be imposed by an employing agency or the commission.2
(((d) The employing law enforcement agency may require that each 3
person who is required to take a psychological examination and a 4
polygraph or similar test pay a portion of the testing fee based on 5
the actual cost of the test or $400, whichever is less. Employing 6
agencies may establish a payment plan if they determine that the 7
person does not readily have the means to pay the testing fee.))8
(3)(a) The commission shall allow a peace officer or corrections 9
officer to retain status as a certified ((peace officer or 10
corrections)) officer as long as the officer: (i) Timely meets the 11
basic training requirements, or is exempted therefrom, in whole or in 12
part, under RCW 43.101.200 or under rule of the commission; (ii) 13
timely meets or is exempted from any other requirements under this 14
chapter as administered under the rules adopted by the commission; 15
(iii) is not denied certification by the commission under this 16
chapter; and (iv) has not had certification suspended or revoked by 17
the commission. 18
(b) The commission shall certify peace officers who are limited 19
authority Washington peace officers employed on or before July 1, 20
2023. Thereafter, the commission may revoke certification pursuant to 21
this chapter. 22
(4) As a condition of certification and of a background 23
investigation, a peace officer or corrections officer must((, on)):24
(a) On a form devised or adopted by the commission, authorize the 25
release to the employing county, city, or agency and to the 26
commission of the officer's personnel files, including disciplinary, 27
termination, civil or criminal investigation, or other records or 28
information that are directly related to a certification matter or 29
decertification matter before the commission ((. The peace officer or 30
corrections officer must also consent));31
(b) Consent to and facilitate a review of the officer's social 32
media accounts, however, consistent with RCW 49.44.200, the officer 33
is not required to provide login information. The release of 34
information may not be delayed, limited, or precluded by any 35
agreement or contract between the officer, or the officer's union, 36
and the entity responsible for the records or information; and37
(c) Indicate, on a form provided by the hiring agency, any prior 38
application materials, including any background investigation 39
conducted while seeking employment with any other law enforcement 40
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agency, including where the applicant began but did not complete a 1
full background investigation. 2
(5) The employing county, city, or agency and commission are 3
authorized to receive criminal history record information that 4
includes nonconviction data for any purpose associated with 5
employment or certification under this chapter. Dissemination or use 6
of nonconviction data for purposes other than that authorized in this 7
section is prohibited. 8
(6) For a national criminal history records check, the commission 9
shall require fingerprints be submitted and searched through the 10
Washington state patrol identification and criminal history section. 11
The Washington state patrol shall forward the fingerprints to the 12
federal bureau of investigation. 13
(7) Prior to certification, or to appointment as a sheriff, 14
chief, or marshal, the employing agency shall ((certify)) attest to 15
the commission that the agency has received or conducted a completed 16
((the)) background ((check)) investigation, no information has been 17
found that would disqualify the applicant from certification, ((and)) 18
that the applicant ((is)) was determined by the background 19
investigation and under commission rules to be suitable for election 20
or employment as a peace officer ((or)), corrections officer , 21
sheriff, chief, or marshal. For candidates for the elective office of 22
sheriff, the person filing for office must, by the deadline to file 23
as a candidate, have completed the background investigation required 24
by chapter 36.28 RCW. 25
(8) All files, papers, and other information obtained as part of 26
the background investigation are confidential and exempt from public 27
disclosure under chapter 42.56 RCW. The verification by the 28
commission that the background investigation has been completed and 29
passed is a public record. The commission must retain the background 30
investigation files.31
(9)(a) In order to assure consistent use of best practices 32
regarding the standards for determining whether a background 33
investigation has identified information that should disqualify an 34
applicant, the commission shall, by June 30, 2026, adopt by rule 35
criteria to be applied by employing counties, cities, agencies, and 36
the commission in determining whether an applicant is suitable for 37
employment pursuant to this section.38
(b) To assist in developing these rules regarding disqualifying 39
criteria, the commission shall seek input from individuals who have 40
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experience in conducting or reviewing law enforcement background 1
investigations, misconduct or human resource complaints, 2
investigations, or disciplinary decisions, or who provide community 3
perspective, which may include: 4
(i) Chiefs, sheriffs, law enforcement agency human resource 5
staff, legal counsel, or others from law enforcement agencies or 6
city, county, or state human resources departments;7
(ii) Individuals who serve as or have served as polygraph 8
examiners or psychologists for law enforcement background 9
investigations;10
(iii) Individuals who serve in or have served in law enforcement 11
accountability oversight roles;12
(iv) Representatives from the Washington association of sheriffs 13
and police chiefs, the Washington state patrol, the Washington 14
fraternal order of police, the Washington council of police and 15
sheriffs, and a union representing the interests of peace officers 16
and corrections officers; and17
(v) Community representatives, including a community member from 18
Eastern Washington.19
(c) The rules shall include criteria that must result in 20
mandatory disqualification, which must include all grounds for the 21
denial or revocation of an officer's certification under RCW 22
43.101.105(2), and criteria that may result in disqualification, 23
which must include all grounds for the denial, suspension, or 24
revocation of an officer's certification under RCW 43.101.105(3), 25
with factors to be considered by the agency or by the commission in 26
making that discretionary determination.27
(10) As used in this section, "applicant" includes a person 28
applying to serve as a new officer, a lateral transfer within the 29
state or from another state from a law enforcement or corrections 30
agency to a different law enforcement or corrections agency, or an 31
officer moving from a corrections division to a law enforcement 32
division or vice versa within the same agency unless exempted by the 33
commission, or a person seeking appointment or election as a sheriff, 34
chief, or marshal.35
Sec. 11. RCW 36.28.020 and 2009 c 549 s 4051 are each amended to 36
read as follows: 37
Every deputy sheriff shall possess all the power, and may perform 38
any of the duties, prescribed by law to be performed by the sheriff, 39
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and shall serve or execute, according to law, all process, writs, 1
precepts, and orders, issued by lawful authority. 2
Persons may also be deputed by the sheriff in writing to do 3
particular acts; including the service of process in civil or 4
criminal cases, and the sheriff shall be responsible on his or her 5
official bond for their default or misconduct. The use of such 6
persons shall be limited to functions and actions not involving use 7
of law enforcement authority or carrying of firearms or other weapons 8
unless such persons are certified under chapter 43.101 RCW.9
Sec. 12. RCW 43.101.380 and 2021 c 323 s 20 are each amended to 10
read as follows: 11
(1) The procedures governing adjudicative proceedings before 12
agencies under chapter 34.05 RCW, the administrative procedure act, 13
govern hearings before the commission and govern all other actions 14
before the commission unless otherwise provided in this chapter. The 15
standard of proof in actions before the commission is a preponderance 16
of the evidence. 17
(2) In all hearings requested under RCW 43.101.155, an 18
administrative law judge appointed under chapter 34.12 RCW shall be 19
the presiding officer, shall make all necessary rulings in the course 20
of the hearing, and shall issue a proposed recommendation, but is not 21
entitled to vote. In addition, a five-member hearings panel shall 22
hear the case and make the commission's final administrative 23
decision. 24
(3) The commission shall appoint a panel to hear certification 25
actions as follows: 26
(a) When a hearing is requested in relation to a certification 27
action of a Washington peace officer, the commission shall appoint to 28
the panel: (i) One police chief or sheriff from an agency not a 29
current or past employer of the peace officer; (ii) one certified 30
Washington peace officer who is at or below the level of first line 31
supervisor and who has at least ten years' experience as a peace 32
officer; (iii) one civilian member of the commission as appointed 33
under RCW 43.101.030(1) (f) and (h) through (j); (iv) one member of 34
the public who is not a prosecutor, defense attorney, judge, or law 35
enforcement officer; and (v) one person with expertise and background 36
in police accountability who is not a current or former peace officer 37
or corrections officer. 38
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(b) When a hearing is requested in relation to a certification 1
action of a Washington corrections officer, the commission shall 2
appoint to the panel: (i) A person who heads either a city or county 3
corrections agency or facility or of a Washington state department of 4
corrections facility; (ii) one corrections officer who is at or below 5
the level of first line supervisor and who has at least ten years' 6
experience as a corrections officer; (iii) one civilian member of the 7
commission as appointed under RCW 43.101.030(1) (f) and (h) through 8
(j); (iv) one member of the public who is not a prosecutor, defense 9
attorney, judge, or law enforcement officer; and (v) one person with 10
expertise and background in police accountability who is not a 11
current or former peace officer or corrections officer.12
(c) When a hearing is requested in relation to a certification 13
action of a tribal police officer, the commission shall appoint to 14
the panel (i) one tribal police chief; (ii) one tribal police officer 15
who is at or below the level of first line supervisor, and who has at 16
least ten years' experience as a peace officer; (iii) one civilian 17
member of the commission as appointed under RCW 43.101.030(1) (f) and 18
(h) through (j); (iv) one member of the public who is not a 19
prosecutor, defense attorney, judge, or law enforcement officer; and 20
(v) one person with expertise and background in police accountability 21
who is not a current or former peace officer or corrections officer.22
(d) Persons appointed to hearings panels by the commission shall, 23
in relation to any certification action on which they sit, have the 24
powers, duties, and immunities, and are entitled to the emoluments, 25
including travel expenses in accordance with RCW 43.03.050 and 26
43.03.060, of regular commission members. 27
(4) In decertification matters where there was a due process 28
hearing or a disciplinary appeals hearing following an investigation 29
by a law enforcement agency, or a criminal hearing regarding the 30
alleged misconduct, the hearings panel need not redetermine the 31
underlying facts but may make its determination based solely on 32
review of the records and decision relating to those proceedings and 33
any investigative or summary materials from the administrative law 34
judge, legal counsel, and commission staff. However, the hearings 35
panel may, in its discretion, consider additional evidence to 36
determine whether misconduct occurred. The hearings panel shall, upon 37
written request by the subject peace officer or corrections officer, 38
allow the peace officer or corrections officer to present additional 39
evidence of extenuating circumstances. 40
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(5) The commission is authorized to proceed regardless of whether 1
an arbitrator or other appellate decision maker overturns the 2
discipline imposed by the officer's employing agency or whether the 3
agency settles an appeal. No action or failure to act by a law 4
enforcement agency or corrections agency or decision resulting from 5
an appeal of that action precludes action by the commission to 6
suspend or revoke an officer's certificate, to place on probation, or 7
to require remedial training for the officer. 8
(6) The hearings, but not the deliberations of the hearings 9
panel, are open to the public. The transcripts, admitted evidence, 10
and written decisions of the hearings panel on behalf of the 11
commission are not confidential or exempt from public disclosure, and 12
are subject to subpoena and discovery proceedings in civil actions.13
(7) Summary records of hearing dispositions , revocations obtained 14
via default or surrender, certification denials, and all cases that 15
were resolved with disciplinary action, must be made available on an 16
annual basis on a public website. 17
(8) The commission's final administrative decision is subject to 18
judicial review under RCW 34.05.510 through 34.05.598.19
Sec. 13. RCW 43.101.400 and 2021 c 323 s 21 are each amended to 20
read as follows: 21
(1) Except as provided under subsection (2) of this section, all 22
files, papers, and other information obtained by the commission as 23
part of ((an initial )) a background investigation pursuant to RCW 24
43.101.095 (((2) and (4))), 36.28.025, and 35.21.333 are confidential 25
and exempt from public disclosure. Such records are not subject to 26
public disclosure, subpoena, or discovery proceedings in any civil 27
action, except as provided in RCW 43.101.380(6) or which become part 28
of the record in a suspension or decertification ((matter)) hearing.29
(2) Records which are otherwise confidential and exempt from 30
public disclosure under subsection (1) of this section may be 31
reviewed and copied: (a) By the officer involved or the officer's 32
counsel or authorized representative, who may review the officer's 33
file after the officer has been served with a statement of charges 34
pursuant to RCW 43.101.155, and may submit any additional exculpatory 35
or explanatory evidence, statements, or other information, any of 36
which must be included in the file; (b) by a duly authorized 37
representative of (i) the agency of termination, or (ii) a current 38
employing law enforcement or corrections agency, which may review and 39
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copy its employee-officer's file; or (c) by a representative of or 1
investigator for the commission. 2
(3) Records which are otherwise confidential and exempt from 3
public disclosure under subsection (1) of this section may also be 4
inspected at the offices of the commission by a duly authorized 5
representative of a law enforcement or corrections agency considering 6
an application for employment by a person who is the subject of a 7
record. A copy of records which are otherwise confidential and exempt 8
under subsection (1) of this section may later be obtained by an 9
agency after it hires the applicant. In all other cases under this 10
subsection, the agency may not obtain a copy of the record.11
(4) The commission shall maintain a database that is publicly 12
searchable, machine readable, and exportable, and accompanied by a 13
complete, plain-language data dictionary describing the names of 14
officers and employing agencies, all conduct investigated, 15
certifications denied, notices and accompanying information provided 16
by law enforcement or correctional agencies, including the reasons 17
for separation from the agency, decertification or suspension actions 18
pursued, and final disposition and the reasons therefor for at least 19
30 years after final disposition of each incident. The dates for each 20
material step of the process must be included. Any decertification 21
must be reported to the national decertification index.22
(5) Every individual, legal entity, and agency of federal, state, 23
or local government is immune from civil liability, whether direct or 24
derivative, for providing information to the commission in good 25
faith. 26
NEW SECTION. Sec. 14. The following acts or parts of acts are 27
each repealed:28
(1) RCW 35.66.010 (Authority to establish) and 1965 c 7 s 29
35.66.010; 30
(2) RCW 35.66.020 (Appointment) and 1965 c 7 s 35.66.020;31
(3) RCW 35.66.030 (Assistance by police) and 1965 c 7 s 32
35.66.030; 33
(4) RCW 35.66.040 (Compensation) and 2007 c 218 s 68 & 1965 c 7 s 34
35.66.040; 35
(5) RCW 35.66.050 (Persons under arrest — Separate quarters) and 36
1973 1st ex.s. c 154 s 53 & 1965 c 7 s 35.66.050; and37
(6) RCW 36.28.011 (Duty to make complaint) and 1963 c 4 s 38
36.28.011. 39
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NEW SECTION. Sec. 15. If any provision of this act or its 1
application to any person or circumstance is held invalid, the 2
remainder of the act or the application of the provision to other 3
persons or circumstances is not affected.4
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