Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.
SB5974 • 2026
Modernizing and strengthening laws concerning sheriffs, police chiefs, town marshals, law enforcement agency volunteers, youth cadets, specially commissioned officers, and police matrons.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Local law enforcement
These notes stay tied to the official amendment files and metadata from the legislature.
0 • Community Safety
Plain English: 5974-S2 AMH CS H3687.1 2SSB 5974 - H COMM AMD By Committee on Community Safety NOT ADOPTED 03/05/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
0 • Goodman
Plain English: 5974-S2 AMH ENGR H3747.E 2SSB 5974 - H AMD ADOPTED AND ENGROSSED 03/05/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
2123 • Goodman
Plain English: 5974-S2 AMH GOOD H3747.1 2SSB 5974 - H AMD 2123 By Representative Goodman ADOPTED AS AMENDED 03/05/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
2335 • Fosse
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH FOSS LANG 236 1 - Official Print By Representative Fosse EFFECT: Restores the current ability of an officer, an officer's counsel, or an authorized representative to review and copy an officer's records, which are obtained by the Criminal Justice Training Commission, and are otherwise confidential, regardless of whether the officer has been served with a statement of charges.
2343 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WALJ LANG 230 1 - Official Print By Representative Walsh 5974-S2 AMH WALJ LANG 230 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2343 NOT ADOPTED 03/05/2026 On page 1, beginning on line 3 of the striking amendment, after "Sec.
2344 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH DUFA LANG 231 1 - Official Print By Representative Dufault 5974-S2 AMH DUFA LANG 231 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2344 WITHDRAWN 03/05/2026 On page 25, after line 6 of the striking amendment, insert the following: "Sec.
2345 • Penner
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH PENN LANG 232 1 - Official Print By Representative Penner EFFECT: Removes the emergency clause.
2346 • Eslick
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ESLI LANG 233 1 - Official Print By Representative Eslick EFFECT: Modifies the effective date so that the entire act takes effect January 1, 2027, rather than solely the sections providing limitations on the use of volunteers and youth cadets and adding requirements for the use of specially commissioned Washington peace officers by law enforcement agencies.
2347 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH SCHM LANG 234 1 - Official Print By Representative Schmidt 5974-S2 AMH SCHM LANG 234 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2347 WITHDRAWN 03/05/2026 On page 25, after line 6 of the striking amendment, insert the following: "Sec.
2348 • Schmidt
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH SCHM LANG 235 1 - Official Print By Representative Schmidt 5974-S2 AMH SCHM LANG 235 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2348 NOT ADOPTED 03/05/2026 On page 25, after line 6 of the striking amendment, insert the following: "Sec.
2349 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH DUFA LANG 237 1 - Official Print By Representative Dufault 5974-S2 AMH DUFA LANG 237 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2349 NOT ADOPTED 03/05/2026 On page 17, beginning on line 33 of the striking amendment, after "(1)" strike all material through "(2)" on page 18, line 4 and insert "The office of county sheriff is established in Article XI of the state Constitution as an elected constitutional office accountable directly to the voters of the county.
2350 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WALJ LANG 238 1 - Official Print By Representative Walsh EFFECT: Removes intent language and adds new intent language providing that the Legislature finds that removal authority over elected county officials is a core local governmental function that may not be delegated to a state administrative agency absent constitutional amendment.
2351 • Penner
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH PENN LANG 239 1 - Official Print By Representative Penner 5974-S2 AMH PENN LANG 239 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2351 NOT ADOPTED 03/05/2026 On page 13, line 26 of the striking amendment, after "office" strike all material through "has" on line 29 and insert "as an appointed sheriff, unless otherwise extended by the criminal justice training commission, has obtained certification and thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission; (j) Has" Reletter the remaining subsection consecutively and correct any internal references accordingly.
2352 • Keaton
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH KEAT LANG 240 1 - Official Print By Representative Keaton EFFECT: Exempts any person holding office as an elected sheriff at the time of the effective date of the relevant sections of the bill from eligibility requirements for the office of sheriff and from provisions establishing a vacancy in the sheriff's office if 5974-S2 AMH KEAT LANG 240 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2352 NOT ADOPTED 03/05/2026 On page 13, line 2 of the striking amendment, after "(1)" strike "A" and insert "Except as provided in subsection (5) of this section, a" On page 13, line 32 of the striking amendment, after "(j)" strike "Except as provided in subsection (5) of this section, prior" and insert "Prior" On page 16, beginning on line 1 of the striking amendment, after "The" strike all material through "section" on line 7 and insert "requirements of this section do not apply to any person who is holding an elected office of sheriff as of the effective date of this section" On page 18, after line 13 of the striking amendment, insert the following: "(3) Subsection (1) of this section does not apply to any person who is holding an elected office of sheriff as of the effective date of this section." On page 19, line 8 of the striking amendment, after "office." insert "This subsection does not apply to any person who is holding an elected office of sheriff as of the effective date of this section." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5974-S2 AMH KEAT LANG 240 2 - Official Print the elected sheriff does not maintain certification, is decertified, or if the eligibility requirements are not met or complied with while in office.
2353 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ABEL LANG 241 1 - Official Print By Representative Abell EFFECT: Permits each county, by county ordinance or vote of the electors, to opt not to subject the county's elected sheriff to removal from that office for not maintaining certification, being decertified pursuant to a final decision, or if other eligibility requirements are not met or complied with while in office.
2354 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH MARS LANG 242 1 - Official Print By Representative Marshall 5974-S2 AMH MARS LANG 242 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2354 NOT ADOPTED 03/05/2026 On page 13, beginning on line 3 of the striking amendment, after "sheriff" strike ", or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in" and insert "or seeking appointment to the office of sheriff is eligible for election or appointment to" On page 16, after line 7 of the striking amendment, insert the following: "Sec.
2355 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ABEL LANG 243 1 - Official Print By Representative Abell 5974-S2 AMH ABEL LANG 243 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2355 NOT ADOPTED 03/05/2026 On page 13, beginning on line 3 of the striking amendment, after "sheriff" strike ", or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in" and insert "or seeking appointment to the office of sheriff is eligible for election or appointment to" On page 16, after line 7 of the striking amendment, insert the following: "Sec.
2356 • Burnett
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BURN LANG 244 1 - Official Print By Representative Burnett 5974-S2 AMH BURN LANG 244 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2356 NOT ADOPTED 03/05/2026 On page 13, beginning on line 3 of the striking amendment, after "sheriff" strike ", or seeking appointment to the office of sheriff, is eligible for election, appointment, holding office, and remaining in" and insert "or seeking appointment to the office of sheriff is eligible for election or appointment to" On page 16, after line 7 of the striking amendment, insert the following: "Sec.
2357 • Mendoza
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH MEND LANG 245 1 - Official Print By Representative Mendoza 5974-S2 AMH MEND LANG 245 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2357 NOT ADOPTED 03/05/2026 On page 16, after line 7 of the striking amendment, insert the following: "Sec.
2358 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WATE LANG 246 1 - Official Print By Representative Waters 5974-S2 AMH WATE LANG 246 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2358 NOT ADOPTED 03/05/2026 On page 16, after line 7 of the striking amendment, insert the following: "Sec.
2359 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH GRIF LANG 247 1 - Official Print By Representative Griffey 5974-S2 AMH GRIF LANG 247 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2359 NOT ADOPTED 03/05/2026 On page 13, beginning on line 28 of the striking amendment, after "certification" strike all material through "commission," on line 29 On page 17, beginning on line 33 of the striking amendment, after "(1)" strike all material through "RCW 36.28.025" on page 18, line 3 and insert "(a) In addition to the causes for vacancy of elective office set forth in RCW 42.12.010, a vacancy in the office of sheriff is created if the requirements of RCW 36.28.025 have not been met or have not been complied with while in office.
2360 • Engell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ENGE LANG 248 1 - Official Print By Representative Engell EFFECT: Prohibits the Governor or any other member of the executive branch from appointing a person to fill a vacancy in an elected office of sheriff.
2361 • Stuebe
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH STUE LANG 249 1 - Official Print By Representative Stuebe EFFECT: Provides that a person appointed to fill the vacancy in an elected office of sheriff may hold the office no more than 90 days before a special election must be held.
2362 • Manjarrez
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH MANJ LANG 250 1 - Official Print By Representative Manjarrez EFFECT: Requires a unanimous or supermajority vote of the county legislative authority for an appointment to fill a vacancy in an elected office of sheriff.
2363 • Ley
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH LEYJ LANG 251 1 - Official Print By Representative Ley EFFECT: Provides that a person appointed to fill a vacancy in an elected office of sheriff must be an elector of that county.
2364 • Dye
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH DYEM LANG 252 1 - Official Print By Representative Dye EFFECT: Prohibits a member or employee of the Criminal Justice Training Commission from being appointed to fill a vacancy in an elected office of sheriff.
2365 • Stuebe
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH STUE LANG 253 1 - Official Print By Representative Stuebe EFFECT: Removes references to background investigations being used to determine a person's suitability for employment as a peace officer, corrections officer, sheriff, police chief, or marshal.
2366 • Griffey
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH GRIF LANG 254 1 - Official Print By Representative Griffey 5974-S2 AMH GRIF LANG 254 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2366 WITHDRAWN 03/05/2026 On page 17, after line 30 of the striking amendment, insert the following: "Sec.
2367 • Rude
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH RUDE LANG 256 1 - Official Print By Representative Rude 5974-S2 AMH RUDE LANG 256 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2367 NOT ADOPTED 03/05/2026 On page 17, after line 30 of the striking amendment, insert the following: "Sec.
2368 • Burnett
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BURN LANG 257 1 - Official Print By Representative Burnett EFFECT: Removes provisions specifying when a vacancy is created in the office of an elected sheriff.
2369 • Corry
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH CORR MORI 373 1 - Official Print By Representative Corry 5974-S2 AMH CORR MORI 373 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2369 NOT ADOPTED 03/05/2026 On page 7, beginning on line 19 of the striking amendment, beginning with "they" strike all material through "requirements" on line 20 and insert "the law enforcement agency ensures that they are properly trained for their delegated tasks" On page 8, after line 39 of the striking amendment, insert the following: "(3) Subject to RCW 4.96.041, the law enforcement agency shall defend and pay any monetary judgment arising from acts or omissions of a volunteer or youth cadet performing, or in good faith purporting to perform, the volunteer's or youth cadet's official duties." On page 9, beginning on line 6 of the striking amendment, after "unless" strike all material through "requirements" on line 7 and insert "the law enforcement agency ensures that they are properly trained for their delegated tasks" On page 10, after line 22 of the striking amendment, insert the following: "(3) Subject to RCW 4.96.041, the law enforcement agency shall defend and pay any monetary judgment arising from acts or omissions of a volunteer or youth cadet performing, or in good faith purporting to perform, the volunteer's or youth cadet's official duties." On page 11, beginning on line 20 of the striking amendment, after "unless" strike all material through "requirements" on line 21 and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5974-S2 AMH CORR MORI 373 2 - Official Print EFFECT: Removes the requirement that volunteers or youth cadets complete peace officer training and maintain certification requirements.
2370 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WATE MORI 374 1 - Official Print By Representative Waters EFFECT: Defines "volunteer" as a person who is a member of a law enforcement department and (1) performs assigned or authorized duties for the law enforcement department by the person's own free choice, (2) serves in a position that is not basically clerical or secretarial in nature, (3) is registered and accepted as a volunteer by the law enforcement department, and (4) receives no monetary remuneration other than maintenance and reimbursement for actual expenses necessarily incurred in performing assigned duties.
2371 • Burnett
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BURN MORI 375 1 - Official Print By Representative Burnett EFFECT: Limits the surveillance technologies a volunteer or youth cadet is prohibited from using without peace officer training/certification to surveillance technologies that require a warrant.
2372 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH MARS MORI 376 1 - Official Print By Representative Marshall 5974-S2 AMH MARS MORI 376 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2372 NOT ADOPTED 03/05/2026 On page 7, line 23 of the striking amendment, after "share" insert "nonpublic" On page 7, beginning on line 24 of the striking amendment, after "any" strike all material through "section" on line 26 and insert "person who is not a law enforcement officer or not otherwise authorized to receive such information" On page 9, line 10 of the striking amendment, after "share" insert "nonpublic" On page 9, beginning on line 11 of the striking amendment, after "any" strike all material through "section" on line 13 and insert "person who is not a law enforcement officer or not otherwise authorized to receive such information" On page 11, line 24 of the striking amendment, after "share" insert "nonpublic" On page 11, beginning on line 25 of the striking amendment, after "any" strike all material through "subsection" on line 27 and insert "person who is not a law enforcement officer or not otherwise authorized to receive such information" On page 16, line 17 of the striking amendment, after "share" insert "nonpublic" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5974-S2 AMH MARS MORI 376 2 - Official Print EFFECT: Exempts public information from the disclosure restrictions placed on volunteers or youth cadets.
2373 • Klicker
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH KLIC MORI 377 1 - Official Print By Representative Klicker EFFECT: Requires the costs of background checks and investigations to be borne by the Washington State Patrol.
2374 • Walsh
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WALJ MORI 378 1 - Official Print By Representative Walsh 5974-S2 AMH WALJ MORI 378 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2374 NOT ADOPTED 03/05/2026 On page 7, line 16 of the striking amendment, after "(1)(a)" strike "Any" and insert "Except as provided in (c) of this subsection, any" On page 8, after line 6 of the striking amendment, insert the following: "(c) The limitations on authority to detain or arrest, use force, carry or use firearms or other weapons, and use surveillance technologies do not apply to security staff employed by governmental agencies as defined under RCW 1.80.010." On page 9, line 3 of the striking amendment, after "(1)(a)" strike "Any" and insert "Except as provided in (c) of this subsection, any" On page 9, after line 33 of the striking amendment, insert the following: "(c) The limitations on authority to detain or arrest, use force, carry or use firearms or other weapons, and use surveillance technologies do not apply to security staff employed by governmental agencies as defined under RCW 1.80.010." On page 11, line 18 of the striking amendment, after "act." strike "Any" and insert "Except as provided in (c) of this subsection, any" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5974-S2 AMH WALJ MORI 378 2 - Official Print EFFECT: Exempts security staff employed by governmental agencies from the restrictions relating to the authority to detain or arrest, use force, carry or use firearms or other weapons, and use surveillance technologies.
2375 • Burnett
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BURN MORI 379 1 - Official Print By Representative Burnett 5974-S2 AMH BURN MORI 379 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2375 NOT ADOPTED 03/05/2026 On page 26, after line 15 of the striking amendment, insert the following: "Sec.
2376 • Dufault
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH DUFA MORI 382 1 - Official Print By Representative Dufault 5974-S2 AMH DUFA MORI 382 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2376 NOT ADOPTED 03/05/2026 On page 26, after line 15 of the striking amendment, insert the following: "Sec.
2377 • Connors
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH CONN MORI 383 1 - Official Print By Representative Connors 5974-S2 AMH CONN MORI 383 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2377 WITHDRAWN 03/05/2026 On page 26, after line 15 of the striking amendment, insert the following: "Sec.
2378 • Burnett
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BURN WEHL 410 1 - Official Print By Representative Burnett 5974-S2 AMH BURN WEHL 410 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2378 NOT ADOPTED 03/05/2026 On page 23, after line 9 of the striking amendment, insert the following: "Sec.
2379 • Jacobsen
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH JACO WEHL 411 1 - Official Print By Representative Jacobsen EFFECT: Reinstates current law requiring separate quarters for members of the opposite sex during confinement after arrest.
2380 • Graham
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH GRAH WEHL 412 1 - Official Print By Representative Graham EFFECT: Reinstates current law requiring separate quarters for members of the opposite sex during confinement after arrest.
2381 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH COUT WEHL 413 1 - Official Print By Representative Couture EFFECT: Reinstates current law requiring separate quarters for members of the opposite six during confinement after arrest.
2382 • Barnard
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH BARN WEHL 414 1 - Official Print By Representative Barnard EFFECT: Creates a July 1, 2029, expiration date for providing the eligibility requirements for the office of sheriff, for when a vacancy is created in the office of sheriff, and for when an elected law enforcement official has been decertified by the Criminal Justice Training Commission.
2383 • Waters
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH WATE PATT 417 1 - Official Print By Representative Waters EFFECT: Permits certain peace officers and corrections officers to obtain an exemption from the Criminal Justice Training Commission's certification requirements, rather than requiring all peace officers and corrections officers to obtain certification, as a condition of employment or holding office.
2384 • Marshall
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH MARS PATT 418 1 - Official Print By Representative Marshall EFFECT: Eliminates the amendatory provision related to modifying the statutory duties of sheriffs and their authority to call specified persons to their aid.
2385 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ABEL PATT 419 1 - Official Print By Representative Abell EFFECT: Establishes a civil right of action for any incumbent sheriff who is removed from office or whose appointment is terminated for failing to maintain the Criminal Justice Training Commission's certification requirements.
2386 • Valdez
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH VALM PATT 421 1 - Official Print By Representative Valdez 5974-S2 AMH VALM PATT 421 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2386 WITHDRAWN 03/05/2026 On page 18, after line 13 of the striking amendment, insert the following: "NEW SECTION.
2387 • Abell
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH ABEL PATT 426 1 - Official Print By Representative Abell 5974-S2 AMH ABEL PATT 426 2SSB 5974 - H AMD TO H AMD (H-3747.1/26) 2387 WITHDRAWN 03/05/2026 On page 25, line 15 of the striking amendment, after "RCW 43.101.380" strike "(6)" and insert "(((6))) (7)" On page 26, after line 15 of the striking amendment, insert the following: "Sec.
2388 • Ybarra
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH YBAR LANG 255 1 - Official Print By Representative Ybarra EFFECT: Replaces the severability clause with a nonseverability clause.
2389 • Goodman
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5974-S2 AMH GOOD LANG 261 1 - Official Print By Representative Goodman EFFECT: Requires a person being considered for appointment as a sheriff, police chief, or marshal to submit to a background investigation, as required for peace officer certification, to determine that they meet eligibility requirements and to determine the person's suitability for employment, instead of requiring that a person appointed or elected submit to the background investigation required for peace officer certification.
627 • Wagoner
Plain English: 5974-S2 AMS WAGO S5090.1 2SSB 5974 - S AMD 627 By Senator Wagoner NOT ADOPTED 02/12/2026 On page 25, line 39, after "35.66.040;" insert "and"1 On page 26, beginning on line 1, strike all of subsection (5)2 Renumber the remaining subsection consecutively and correct any 3 internal references accordingly.
628 • Holy
Plain English: 5974-S2 AMS HOLY S4982.1 2SSB 5974 - S AMD 628 By Senator Holy NOT ADOPTED 02/12/2026 On page 4, line 13, after "state," strike "(( or))" and insert 1 "or" 2 On page 4, beginning on line 13, after "States" strike all 3 material through "law" on line 14 4 On page 4, line 16, after "state," insert "or" 5 On page 4, beginning on line 16, after " States," strike all 6 material through "law," on line 17 7 On page 13, line 4, after "state," insert "or" 8 On page 13, beginning on line 4, after " States," strike all 9 material through "law," on line 5 10 On page 13, line 7, after "state," insert "or"11 On page 13, beginning on line 7, after " States," strike all 12 material through "law," on line 8 13 EFFECT: Removes eligibility requirements related to substantially equivalent convictions under foreign law for persons seeking appointment to police chief or election as sheriff.
629 • Fortunato
Plain English: 5974-S2 AMS FORT S5107.1 2SSB 5974 - S AMD 629 By Senator Fortunato NOT ADOPTED 02/12/2026 On page 17, after line 19, insert the following:1 "(3) A vacancy in the office of sheriff is not created under this 2 section if a court of competent jurisdiction finds that an elected 3 sheriff was executing the sheriff's duties in accordance with the 4 Washington state Constitution and the United States Constitution."5 EFFECT: Prevents a vacancy in the office of sheriff if the elected sheriff was executing the sheriff's duties in accordance with the Washington state Constitution and the United States Constitution.
630 • Schoesler
Plain English: 5974-S2 AMS SCHO S5109.1 2SSB 5974 - S AMD 630 By Senator Schoesler NOT ADOPTED 02/12/2026 On page 17, after line 19, insert the following:1 "NEW SECTION.
631 • Holy
Plain English: 5974-S2 AMS HOLY S5083.1 2SSB 5974 - S AMD 631 By Senator Holy NOT ADOPTED 02/12/2026 On page 15, line 31, after " (a)" strike "Any" and insert "Except 1 as provided in (c) of this subsection, any" 2 On page 16, after line 13, insert the following:3 "(c) The limitations on authority to detain or arrest, use force, 4 carry or use firearms or other weapons, and use surveillance 5 technologies do not apply to security staff employed by governmental 6 agencies as defined under RCW 1.80.010." 7 EFFECT: Provides an exception to the prohibition against detaining or arresting, using force, carrying or using firearms or other weapons, and use of surveillance technologies for security staff employed by governmental agencies.
632 • Short
Plain English: 5974-S2 AMS SHOR S5113.1 2SSB 5974 - S AMD 632 By Senator Short NOT ADOPTED 02/12/2026 Beginning on page 1, after line 12, strike all of sections 1 1 through 17 and insert the following: 2 "NEW SECTION.
633 • Short
Plain English: 5974-S2 AMS SHOR S5074.1 2SSB 5974 - S AMD 633 By Senator Short NOT ADOPTED 02/12/2026 On page 5, line 12, after " The" strike "appointing authority" and 1 insert "Washington state patrol" 2 On page 14, at the beginning of line 36, strike " appointing 3 authority" and insert "Washington state patrol" 4 On page 14, line 37, after " investigation" strike "it" and insert 5 "the appointing authority" 6 EFFECT: Requires Washington State Patrol to cover the costs of the background check instead of the appointing authority.
634 • Wilson, J.
Plain English: 5974-S2 AMS WILJ S5081.1 2SSB 5974 - S AMD 634 By Senator J.
2nd substitute bill substituted.
Local law enforcement
AN ACT Relating to modernizing and strengthening laws concerning 1 sheriffs, police chiefs, town marshals, law enforcement agency 2 volunteers, youth cadets, specially commissioned officers, and police 3 matrons; amending RCW 35.21.333, 35.21.334, 35.23.161, 35.27.240, 4 36.28.010, 36.28.025, 42.12.010, 43.101.095, 43.101.115, 10.93.170, 5 36.28.020, and 43.101.400; adding a new section to chapter 35.21 RCW; 6 adding a new section to chapter 35A.21 RCW; adding a new section to 7 chapter 36.01 RCW; adding a new section to chapter 36.28 RCW; 8 creating a new section; repealing RCW 35.66.010, 35.66.020, 9 35.66.030, 35.66.040, 35.66.050, and 36.28.011; providing effective 10 dates; and declaring an emergency. 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:12 NEW SECTION. Sec. 1. The legislature finds that certain laws 13 governing the eligibility requirements, duties, and responsibilities 14 of sheriffs, police chiefs, and town marshals should be updated and 15 revised to reflect best practices, and to ensure that local law 16 enforcement leaders, whether sheriffs, police chiefs, or town 17 marshals, whether appointed or elected, and whether partisan or 18 nonpartisan, are subject to the same eligibility requirements and 19 standards. For sheriffs, the legislature is authorized to prescribe 20 eligibility requirements. However, other than the eligibility 21 S-3419.5 SENATE BILL 5974 State of Washington 69th Legislature 2026 Regular Session By Senators Lovick, Dhingra, Chapman, Frame, Nobles, Pedersen, Salomon, Stanford, Trudeau, Valdez, and Wellman Prefiled 01/05/26. Read first time 01/12/26. Referred to Committee on Law & Justice. p. 1 SB 5974 requirements for any elected official, the only requirement for 1 sheriffs in existing law is completion of academy training within 12 2 months of being elected, and this requirement applies only to persons 3 who have been elected to the office, and not to appointed sheriffs. 4 The legislature may also prescribe eligibility requirements for 5 police chiefs and town marshals, but those requirements have not been 6 updated since 1987. The existing requirements do not include elements 7 such as a minimum age requirement or a prohibition on misconduct that 8 would require denial or revocation of certification. The background 9 check requirement for appointment as a police chief or town marshal 10 has also not been updated in many years, and there is no required 11 background check before appointment or election as a sheriff. The 12 legislature finds that the state Constitution requires it to provide 13 for the duties of elected officials, including sheriffs, for whom 14 duties were first prescribed by the legislature in 1854, but existing 15 law is in part outdated and inconsistent with current values and 16 practices. 17 For example, there is a need to clarify and reinforce state law 18 that a primary duty of sheriffs, in addition to upholding the United 19 States Constitution, is to uphold and enforce the Washington state 20 Constitution and laws, as enacted by the legislature and interpreted 21 by the Washington supreme court, so as to align state law with the 22 Washington supreme court's ruling in In re Recall of Fortney , 196 23 Wn.2d 766 (2021). 24 All persons who serve in law enforcement must maintain peace 25 officer certification, but state law could be clearer regarding what 26 must occur when a sheriff, police chief, or town marshal has their 27 certification revoked, to ensure that the law reflects the same 28 standards of strong accountability for all ranks. By enacting 29 updated, clear, and consistent requirements and standards for all law 30 enforcement leaders, the legislature intends to enhance the 31 effectiveness, professionalism, and accountability of law enforcement 32 leaders, promote public trust and confidence in law enforcement, and 33 increase community safety. 34 The legislature also finds that these goals can best be met by 35 ensuring the updated standards, requirements, and duties are in 36 effect prior to the filing deadline for 2026 elections, which will 37 include elections for 35 sheriffs. 38 The legislature further finds that the provision in existing law 39 that authorizes sheriffs to "call to their aid such persons, or power 40 p. 2 SB 5974 of their county as they may deem necessary" has been interpreted by 1 some as authorizing volunteers to enforce criminal laws or civil 2 immigration laws, engage in pursuits, detain or arrest, or use force, 3 without the training and certification required of law enforcement 4 officers and without accountability in the event of misconduct. 5 Volunteers and youth cadets, if used by sheriffs, police chiefs, or 6 town marshals to assist with agency needs, should be limited to the 7 types of roles as enumerated below that do not include this kind of 8 authority, unless the person has completed peace officer training and 9 maintained certification requirements. 10 Because of this, the legislature also finds that as part of 11 modernizing the duties and responsibilities of law enforcement 12 leaders, there is a need for sheriffs, police chiefs, and town 13 marshals to establish in policy and local law best practices and 14 safeguards for their use of personnel who are not certified peace 15 officers. To do so, law enforcement agencies must have policies, and 16 local jurisdictions must have ordinances, that require the 17 supervision of volunteers, youth cadets, and specially commissioned 18 officers. The policies and ordinances must also circumscribe the use 19 of uniforms, badges, and face coverings by specially commissioned 20 officers, volunteers, and youth cadets, so that members of the public 21 and others can readily distinguish them from peace officers; require 22 appropriate training for any specially commissioned officers and 23 youth cadets authorized to use firearms or other weapons; and 24 prescribe permissible roles for volunteers, which may include, but 25 are not limited to, roles such as technical and administrative 26 support; bicycle recovery; community crime prevention coordination; 27 vehicle maintenance; helping with search and rescue; serving as faith 28 leaders; helping with transport, parking enforcement, and traffic 29 management; assisting with parks and recreation; assisting with 30 animal control and caring for domestic animals, but not using dogs to 31 track people or animals other than for search and rescue, and not 32 using dogs to apprehend, or bite people or animals; and engaging in 33 other public safety-related community service, education, and 34 outreach work. 35 Finally, the legislature finds that the 1894 chapter in state law 36 regarding use of "police matrons" by police chiefs and town marshals 37 is antiquated and should be repealed. 38 p. 3 SB 5974 Sec. 2. RCW 35.21.333 and 2013 c 39 s 17 are each amended to 1 read as follows: 2 (1) A person seeking appointment to the office of chief of police 3 or marshal ((, of a city or town, including a code city, with a 4 population in excess of one thousand, is ineligible unless )) in any 5 city or town is eligible for appointment, holding office, and 6 remaining in that office only if that person: 7 (a) Is a citizen of the United States of America;8 (b) Is at least 25 years old;9 (c) Has obtained a high school diploma or high school equivalency 10 certificate as provided in RCW 28B.50.536; 11 (((c))) (d) Has not been convicted under the laws of this state, 12 another state, ((or)) the United States , or the substantial 13 equivalent under foreign law, of a felony; 14 (((d))) (e) Has not been convicted under the laws of this state, 15 another state, the United States, or the substantial equivalent under 16 foreign law, of a gross misdemeanor ((or any crime involving moral 17 turpitude within five years of the date of application));18 (((e))) (f) Has not engaged and does not engage in conduct 19 meeting the criteria requiring denial or revocation of certification 20 set forth in RCW 43.101.105(2);21 (g) Has received at least a general discharge under honorable 22 conditions from any branch of the armed services for any military 23 service if the person was in the military service;24 (((f))) (h) Has completed at least ((two)) five years of regular, 25 uninterrupted, full-time ((commissioned)) law enforcement employment 26 involving enforcement responsibilities with a government law 27 enforcement agency , as defined in subsection (4) of this section ; 28 ((and29 (g) The person has been certified as a regular and commissioned 30 enforcement officer through compliance with this state's basic 31 training requirement or equivalency.))32 (i) Within nine months of assuming office, unless otherwise 33 extended by the criminal justice training commission, has obtained 34 certification, thereafter maintains certification as required under 35 chapter 43.101 RCW and the rules of the commission, and has never had 36 their certification denied, revoked, or voluntarily surrendered, and 37 not reinstated, by any other state; and38 (j) Except as provided in subsection (3) of this section, if not 39 yet certified, has met the background investigation requirements 40 p. 4 SB 5974 under RCW 43.101.095, and if certified, has met the requirements in 1 (a) through (i) of this subsection. 2 (i) The background investigation under RCW 43.101.095 must be 3 completed by the appointing authority no earlier than six months 4 prior to the date of appointment. The appointing authority must 5 submit verification to the criminal justice training commission that 6 the person meets the eligibility criteria, has complied with all 7 applicable standards, and was not determined by the background 8 investigation and commission rules to be unsuitable for employment by 9 a law enforcement agency or to serve in the office of chief of police 10 or marshal. Such verification is a public record.11 (ii) The appointing authority is responsible for any cost 12 associated with the background investigation.13 (2) ((A person seeking appointment to the office of chief of 14 police or marshal, of a city or town, including a code city, with a 15 population of one thousand or less, is ineligible unless that person 16 conforms with the requirements of subsection (1) (a) through (e) of 17 this section. A person so appointed as chief of police or marshal 18 must successfully complete the state's basic training requirement or 19 equivalency within nine months after such appointment, unless an 20 extension has been granted by the criminal justice training 21 commission.22 (3))) A person seeking appointment to the office of chief of 23 police or marshal shall provide a sworn statement under penalty of 24 perjury to the appointing authority stating that the person meets the 25 requirements of this section. 26 (3) The background investigation requirements and the age 27 requirement in subsection (1) of this section do not apply to any 28 person who is holding the office of chief of police or marshal as of 29 the effective date of this section, unless the person seeks 30 appointment to a different office of chief of police or town marshal. 31 All other eligibility requirements apply as of the effective date of 32 this section.33 (4) For the purposes of this section, "government law enforcement 34 agency" means a general authority Washington law enforcement agency 35 or a limited authority Washington law enforcement agency as defined 36 in RCW 10.93.020, or a state or federal governmental agency that is 37 authorized by law to engage in or supervise the prevention, 38 detection, investigation, or prosecution of, or the incarceration of, 39 any person for any violation of law.40 p. 5 SB 5974 Sec. 3. RCW 35.21.334 and 1987 c 339 s 5 are each amended to 1 read as follows: 2 (1) Before making an appointment ((in)) to the office of chief of 3 police or marshal in any city or town , the appointing ((agency shall 4 complete a thorough background investigation of the candidate )) 5 authority must attest as part of the public record of appointment 6 that the requirements of RCW 35.21.333 have been met . ((The 7 Washington association of sheriffs and police chiefs shall develop 8 advisory procedures which may be used by the appointing authority in 9 completing its background investigation of candidates for the office 10 of chief of police or marshal.))11 (2) Such appointment shall be terminated, and a vacancy created, 12 if the chief of police's or marshal's certification is not maintained 13 as required under chapter 43.101 RCW and the rules of the commission, 14 if the chief of police or marshal is decertified under chapter 43.101 15 RCW, or if the other requirements of RCW 35.21.333 are determined to 16 have not been met, or to have not been complied with while in office. 17 The appointing city or town authority shall appoint a replacement to 18 fill the office. The person appointed must meet the requirements of 19 RCW 35.21.333.20 Sec. 4. RCW 35.23.161 and 1994 c 81 s 40 are each amended to 21 read as follows: 22 The department of police in a city of the second class shall be 23 under the direction and control of the chief of police subject to the 24 direction of the mayor. The city and police chief must comply with 25 the requirements set forth in RCW 35.21.333 and 35.21.334. Any police 26 officer may pursue and arrest violators of city ordinances beyond the 27 city limits. 28 ((Every citizen shall lend the police chief aid, when required, 29 for the arrest of offenders and maintenance of public order. With the 30 concurrence of the mayor, the police chief may appoint additional 31 police officers to serve for one day only under orders of the chief 32 in the preservation of public order. )) The city and department must 33 comply with the requirements set forth in section 6 of this act 34 regarding use of volunteers, specially commissioned officers, and 35 youth cadets as defined in section 6 of this act.36 The police chief shall have the same authority as that conferred 37 upon sheriffs ((for the suppression of any riot, public tumult, 38 disturbance of the peace, or resistance against the laws or the 39 p. 6 SB 5974 public authorities in the lawful exercise of their functions and 1 shall be entitled to the same protection. 2 The police chief shall perform such other services as may be 3 required by statute or ordinances of the city )) pursuant to RCW 4 36.28.010(7). 5 Sec. 5. RCW 35.27.240 and 2007 c 218 s 67 are each amended to 6 read as follows: 7 The department of police in a town shall be under the direction 8 and control of the marshal subject to the direction of the mayor. 9 ((He or she )) The town and marshal must comply with the requirements 10 set forth in RCW 35.21.333 and 35.21.334. The marshal may pursue and 11 arrest violators of town ordinances beyond the town limits.12 The marshal's lawful orders shall be promptly executed by 13 deputies((,)) and police officers ((and watchpersons. Every citizen 14 shall lend him or her aid, when required, for the arrest of offenders 15 and maintenance of public order )). ((He or she )) The marshal may 16 appoint, subject to the approval of the mayor, one or more deputies, 17 for whose acts ((he and his or her bondspersons )) the marshal shall 18 be responsible, and whose compensation shall be fixed by the council. 19 ((With the concurrence of the mayor, the marshal may appoint 20 additional police officers for one day only when necessary for the 21 preservation of public order. )) The town and department must comply 22 with the requirements set forth in section 6 of this act regarding 23 use of volunteers, specially commissioned officers, and youth cadets 24 as defined in section 6 of this act.25 The marshal shall have the same authority as that conferred upon 26 sheriffs ((for the suppression of any riot, public tumult, 27 disturbance of the peace, or resistance against the laws or public 28 authorities in the lawful exercise of their functions and shall be 29 entitled to the same protection)) pursuant to RCW 36.28.010(7).30 The marshal shall execute and return all process issued and 31 directed to ((him or her )) the marshal by any legal authority ((and 32 for his or her services shall receive the same fees as are paid to 33 constables)). The marshal shall perform such other services as the 34 council by ordinance may require. 35 NEW SECTION. Sec. 6. A new section is added to chapter 35.21 36 RCW to read as follows: 37 p. 7 SB 5974 (1)(a) Any law enforcement agency in any city or town that uses 1 volunteers or youth cadets, as defined in this section, to assist in 2 the work of its law enforcement agency may not authorize them, unless 3 they have completed peace officer training and maintained 4 certification requirements, to enforce criminal laws or civil 5 immigration laws; engage in pursuits; detain or arrest; use force; 6 carry or use firearms or other weapons; use surveillance 7 technologies; or share information from law enforcement databases. 8 They also may not be authorized to use dogs to track people or 9 animals, other than to assist with search and rescue, and may not use 10 dogs to apprehend or bite people or animals. 11 (b) A law enforcement agency in a city or town may authorize 12 volunteers to assist with roles including, but not limited to, 13 technical and administrative support, bicycle recovery, community 14 crime prevention coordination, vehicle maintenance, helping with 15 search and rescue, serving as faith leaders, transport, parking 16 enforcement and traffic management, assisting with parks and 17 recreation, animal control and caring for domestic animals, and other 18 public safety-related community service, education, and outreach 19 work. 20 (2)(a) Limitations on authority and permissible roles pursuant to 21 subsection (1) of this section, and required supervision of 22 volunteers and youth cadets, must be set forth in agency policies. 23 Agency policies must also include limitations on the authority of, 24 and requirements for, specially commissioned officers, including 25 requirements that specially commissioned officers must be supervised 26 by the law enforcement agency that commissioned them, other than when 27 acting pursuant to RCW 10.93.050. Policies and ordinances must 28 require appropriate training for any firearms or other weapons that 29 specially commissioned officers or youth cadets are authorized to 30 use. 31 Agency policies must also require that volunteers, youth cadets, 32 and specially commissioned officers be clearly identifiable by the 33 public as such, and as distinguishable from peace officers, with 34 limitations on the use of face coverings consistent with standards in 35 state law for law enforcement. Sheriffs, police chiefs, and marshals 36 must only provide badges or other identifying insignia to volunteers, 37 youth cadets, and specially commissioned officers that are authorized 38 in agency policy, and such identification may only be used by them 39 while on duty in their authorized roles. 40 p. 8 SB 5974 (b) Any city or town that uses volunteers, youth cadets, or 1 specially commissioned officers must adopt or amend its laws and 2 ordinances to comply with the requirements of this section. The 3 requirements of this section take effect January 1, 2027, to provide 4 time for adoption of policies, laws, and ordinances, and this section 5 supersedes, preempts, and invalidates any local law or ordinance that 6 conflicts with this section. 7 (c) For purposes of this section, "youth cadets" means 8 participants in law enforcement agency training programs for careers 9 in law enforcement. 10 NEW SECTION. Sec. 7. A new section is added to chapter 35A.21 11 RCW to read as follows: 12 (1)(a) Any law enforcement agency in any code city that uses 13 volunteers or youth cadets, as defined in section 6 of this act, to 14 assist in the work of its law enforcement agency may not provide 15 authority to these volunteers, unless they have completed peace 16 officer training and maintained certification requirements, to 17 enforce criminal laws; engage in pursuits; detain or arrest; use 18 force; carry or use firearms or other weapons; use surveillance 19 technologies; or share information from law enforcement databases. 20 They also may not be authorized to use dogs to track people or 21 animals, other than to assist with search and rescue, and may not use 22 dogs to apprehend or bite people or animals. 23 (b) A law enforcement agency in a code city may authorize 24 volunteers to assist with roles including, but not limited to, 25 technical and administrative support, bicycle recovery, community 26 crime prevention coordination, vehicle maintenance, helping with 27 search and rescue, serving as faith leaders, transport, parking 28 enforcement and traffic management, assisting with parks and 29 recreation, animal control and caring for domestic animals, and other 30 public safety-related community service, education, and outreach 31 work. 32 (2)(a) Limitations on authority and permissible roles pursuant to 33 subsection (1) of this section, and required supervision of 34 volunteers and youth cadets, must be set forth in agency policies. 35 Agency policies must also include limitations on the authority of, 36 and requirements for, specially commissioned officers, including 37 requirements that specially commissioned officers must be supervised 38 by the law enforcement agency that commissioned them, other than when 39 p. 9 SB 5974 acting pursuant to RCW 10.93.050. Policies and ordinances must 1 require appropriate training for any firearms or other weapons that 2 specially commissioned officers or youth cadets are authorized to 3 use. Agency policies must also require that volunteers, youth cadets, 4 and specially commissioned officers be clearly identifiable by the 5 public as such, and as distinguishable from peace officers, with 6 limitations on the use of face coverings consistent with standards in 7 state law for law enforcement. Sheriffs, police chiefs, and marshals 8 must only provide badges or other identifying insignia to volunteers, 9 youth cadets, and specially commissioned officers that are authorized 10 in agency policy, and such identification may only be used by them 11 while on duty in their authorized roles. 12 (b) Any code city that uses volunteers, youth cadets, or 13 specially commissioned officers must adopt or amend its laws and 14 ordinances to comply with the requirements of this section. The 15 requirements of this section take effect January 1, 2027, to provide 16 time for adoption of policies, laws, and ordinances, and this section 17 supersedes, preempts, and invalidates any local law or ordinance that 18 conflicts with this section. 19 Sec. 8. RCW 36.28.010 and 2009 c 549 s 4050 are each amended to 20 read as follows: 21 The sheriff is the chief executive officer and conservator of the 22 peace of the county. In the execution of ((his or her )) the office, 23 ((he or she and his or her)) the sheriff and the sheriff's deputies:24 (1) Shall uphold and enforce the Constitution and laws of the 25 state of Washington, as interpreted and applied by the state supreme 26 court, and uphold the United States Constitution;27 (2) Shall be authorized to address all violations of the law and 28 arrest ((and commit to prison all )) persons who break the ((peace, or 29 attempt to break it, and all persons guilty of public offenses)) law;30 (((2))) (3) Shall defend the county against those who, by riot or 31 otherwise, endanger the public peace or safety; 32 (((3))) (4) Shall execute the process and orders of the courts of 33 justice or judicial officers, when delivered for that purpose, 34 according to law; 35 (((4))) (5) Shall execute all warrants delivered for that purpose 36 by other public officers, according to the provisions of particular 37 statutes; 38 p. 10 SB 5974 (((5))) (6) Shall ((attend the sessions of the courts of record 1 held within the county, and )) obey ((their)) lawful judicial orders 2 or directions; 3 (((6))) (7) Shall keep and preserve the peace in their respective 4 counties, and ((quiet and suppress all affrays, riots, unlawful 5 assemblies and insurrections, for which purpose, and for )) are 6 authorized to work in collaboration with other law enforcement 7 agencies pursuant to the Washington mutual aid peace officers powers 8 act, chapter 10.93 RCW;9 (8) Shall effect the service of process in civil or criminal 10 cases((, and in apprehending or securing any person for felony or 11 breach of the peace, they may)); and12 (9)(a)(i) May call to their aid ((such persons, or power of their 13 county as they may deem necessary )) volunteers and youth cadets, as 14 defined in section 6 of this act. Any sheriff in any county that uses 15 volunteers or youth cadets to assist in the sheriff's work may not 16 provide authority to them, unless they have completed peace officer 17 training and maintained certification requirements, to enforce 18 criminal laws or civil immigration laws; engage in pursuits; detain 19 or arrest; use force; carry or use firearms or other weapons; use 20 surveillance technologies; or share information from law enforcement 21 databases. Additionally, volunteers and youth cadets may not be 22 authorized to use dogs to track people or animals, other than to 23 assist with search and rescue, and may not use dogs to apprehend or 24 bite people or animals.25 (ii) A sheriff may authorize volunteers to assist with roles 26 including, but not limited to, technical and administrative support, 27 bicycle recovery, community crime prevention coordination, vehicle 28 maintenance, helping with search and rescue, serving as faith 29 leaders, transport, parking enforcement and traffic management, 30 assisting with parks and recreation, animal control and caring for 31 domestic animals, and other public safety-related community service, 32 education, and outreach work.33 (b) Limitations on authority pursuant to (a) of this subsection, 34 and the required supervision of volunteers and youth cadets, must be 35 set forth in agency policies. Agency policies must also include 36 limitations on the authority of, and requirements for, specially 37 commissioned officers, including requirements that specially 38 commissioned officers must be supervised by the law enforcement 39 agency that commissioned them, other than when acting pursuant to RCW 40 p. 11 SB 5974 10.93.050. Policies and ordinances must require appropriate training 1 for any firearms or other weapons that specially commissioned 2 officers or youth cadets are authorized to use. Agency policies must 3 also require that volunteers, youth cadets, and specially 4 commissioned officers be clearly identifiable by the public as such, 5 and as distinguishable from peace officers, with limitations on the 6 use of face coverings consistent with standards in state law for law 7 enforcement. Sheriffs, police chiefs, and marshals must only provide 8 badges or other identifying insignia to volunteers, youth cadets, and 9 specially commissioned officers that are authorized in agency policy, 10 and such identification may only be used by them while on duty in 11 their authorized roles. 12 The requirements of this subsection must be implemented in 13 accordance with section 10 of this act and take effect January 1, 14 2027, to provide time for adoption of policies, laws, and ordinances.15 Sec. 9. RCW 36.28.025 and 1979 ex.s. c 153 s 6 are each amended 16 to read as follows: 17 ((A person who files a declaration of candidacy for the office of 18 sheriff after September 1, 1979, shall have, within twelve months of 19 assuming office, a certificate of completion of a basic law 20 enforcement training program which complies with standards adopted by 21 the criminal justice training commission pursuant to RCW 43.101.080 22 and 43.101.160.23 This requirement does not apply to persons holding the office of 24 sheriff in any county on September 1, 1979. )) (1) A person filing for 25 candidacy for the office of sheriff, or seeking appointment to the 26 office of sheriff, is eligible for election, appointment, holding 27 office, and remaining in that office only if that person:28 (a) Is a citizen of the United States of America;29 (b) Is at least 25 years old;30 (c) Has obtained a high school diploma or high school equivalency 31 certificate as provided in RCW 28B.50.536;32 (d) Has not been convicted under the laws of this state, another 33 state, the United States, or the substantial equivalent under foreign 34 law, of a felony;35 (e) Has not been convicted under the laws of this state, another 36 state, the United States, or the substantial equivalent under foreign 37 law, of a gross misdemeanor;38 p. 12 SB 5974 (f) Has not engaged in and does not engage in conduct meeting the 1 criteria requiring denial or revocation of certification set forth in 2 RCW 43.101.105(2);3 (g) Has received at least a general discharge under honorable 4 conditions from any branch of the armed services for any military 5 service if the person was in the military service;6 (h) Has completed at least five years of regular, uninterrupted, 7 full-time law enforcement employment, involving enforcement 8 responsibilities with a government law enforcement agency, as defined 9 in subsection (3) of this section;10 (i) Within nine months of assuming office, unless otherwise 11 extended by the criminal justice training commission, has obtained 12 certification, thereafter maintains certification as required under 13 chapter 43.101 RCW and the rules of the commission, and has never had 14 their certification denied, revoked, or voluntarily surrendered, and 15 not reinstated, by any other state; and16 (j) Except as provided in subsection (4) of this section, prior 17 to the election filing deadline, within 30 days after certification 18 of the election, or at the time of appointment, if not yet certified, 19 has met the background investigation requirements under RCW 20 43.101.095, or if certified, has completed a background investigation 21 that confirms that the person has met the requirements in (a) through 22 (i) of this subsection.23 (i) For any person filing for candidacy or elected to the office 24 of sheriff, the Washington state patrol must conduct the background 25 investigation and submit the completed background investigation to 26 the criminal justice training commission for verification that it 27 complies with the requirements of this section no later than the 28 election filing deadline, or, if the request for the background 29 investigation is made too close to the election filing deadline to 30 meet that timeline, no later than one month after the date of 31 certification of the election results. A person filing for candidacy 32 for the office of sheriff must submit a background investigation 33 request to the Washington state patrol within six months of, and up 34 to, the deadline for filing for election, and provide with the 35 request the attestation required by subsection (2) of this section. 36 If the commission determines additional background information must 37 be gathered to fulfill the statutory requirements, the commission 38 shall request that the state patrol conduct the necessary additional 39 investigation and the state patrol shall resubmit the completed 40 p. 13 SB 5974 investigation to the commission for verification. Once the commission 1 verifies that the background investigation requirements have or have 2 not been met, the commission shall notify the state patrol and the 3 candidate or elected person. 4 (ii) Immediately following the filing deadline, the commission 5 shall post on its public website maintained under RCW 43.101.400(4) a 6 list of all candidates for sheriff who have submitted the request for 7 a background investigation and the attestation as required by this 8 section, and each candidate who has passed the required background 9 investigation.10 (iii) The Washington state patrol must develop and provide on its 11 website, by October 1, 2026, a standard form and process for persons 12 filing for candidacy for the office of sheriff to use in requesting 13 the required background investigation, providing necessary 14 information, and the required attestation that the person meets all 15 eligibility requirements.16 (iv) In the case of appointment, the background investigation 17 under RCW 43.101.095 must be completed by the appointing authority no 18 earlier than six months prior to the date of appointment. The 19 appointing authority must submit verification to the commission that 20 the person meets the eligibility criteria, has complied with all 21 applicable standards, and was not determined by the background 22 investigation and commission rules to be unsuitable for employment by 23 a law enforcement agency or to serve in the office of sheriff. Such 24 verification is a public record.25 (v) The county in which a person is seeking appointment or 26 election to the office of sheriff is responsible for any costs 27 associated with the background investigation required by this 28 section. The county shall reimburse the Washington state patrol for 29 all costs associated with the background investigation it conducts 30 for any person seeking election to the office of sheriff. The 31 appointing authority is responsible for all costs associated with the 32 background investigation it conducts for any person being appointed 33 to the office of sheriff in that county.34 (2) A person seeking election or appointment to the office of 35 sheriff must provide a sworn statement under penalty of perjury to 36 the state patrol or to the appointing authority stating that the 37 person meets the requirements of this section, and the state patrol, 38 upon completion of the background investigation, or appointing 39 authority must attest as part of the public record that the 40 p. 14 SB 5974 requirements of this section have been met. In addition to posting 1 all requests for background investigations, attestations, and a list 2 of background investigations completed, and whether each person 3 passed or failed, by the filing deadline as required in subsection 4 (1)(j)(ii) of this section, the criminal justice training commission 5 shall, after the election, but no later than 60 days following the 6 election, post on its public website maintained under RCW 7 43.101.400(4) a list of sheriffs who have completed the background 8 investigation, and whether each passed or failed, as required by this 9 section. 10 (3) For the purposes of this section, "government law enforcement 11 agency" means a general authority Washington law enforcement agency 12 or a limited authority Washington law enforcement agency as defined 13 in RCW 10.93.020, or a state or federal governmental agency that is 14 authorized by law to engage in or supervise the prevention, 15 detection, investigation, or prosecution of, or the incarceration of 16 any person for, any violation of law.17 (4) The background investigation requirements and the age 18 requirement in subsection (1) of this section do not apply to any 19 person who is holding the office of sheriff as of the effective date 20 of this section, unless the person seeks election to a different 21 office of sheriff, or appointment to a different office of sheriff. 22 All other eligibility requirements apply as of the effective date of 23 this section.24 NEW SECTION. Sec. 10. A new section is added to chapter 36.01 25 RCW to read as follows: 26 (1)(a) Any sheriff in any county that uses volunteers or youth 27 cadets, as defined in section 6 of this act, to assist in the 28 sheriff's work may not provide authority to them, unless they have 29 completed peace officer training and maintained certification 30 requirements, to enforce criminal laws or civil immigration laws; 31 engage in pursuits; detain or arrest; use force; carry or use 32 firearms or other weapons; use surveillance technologies; or share 33 information from law enforcement databases. They also may not be 34 authorized to use dogs to track people or animals, other than to 35 assist with search and rescue, and may not use dogs to apprehend or 36 bite people or animals. 37 (b) A sheriff may authorize volunteers to assist with roles 38 including, but not limited to, technical and administrative support, 39 p. 15 SB 5974 bicycle recovery, community crime prevention coordination, vehicle 1 maintenance, helping with search and rescue, serving as faith 2 leaders, transport, parking enforcement and traffic management, 3 assisting with parks and recreation, animal control and caring for 4 domestic animals, and other public safety-related community service, 5 education, and outreach work. 6 (2)(a) Limitations on authority pursuant to subsection (1) of 7 this section, and the required supervision of volunteers and youth 8 cadets, must be set forth in agency policies. Agency policies must 9 also include limitations on the authority of, and requirements for, 10 specially commissioned officers, including requirements that 11 specially commissioned officers must be supervised by the law 12 enforcement agency that commissioned them, other than when acting 13 pursuant to RCW 10.93.050. Policies and ordinances must require 14 appropriate training for any firearms or other weapons that specially 15 commissioned officers or youth cadets are authorized to use. Agency 16 policies must also require that volunteers, youth cadets, and 17 specially commissioned officers be clearly identifiable by the public 18 as such, and as distinguishable from peace officers, with limitations 19 on the use of face coverings consistent with standards in state law 20 for law enforcement. Sheriffs, police chiefs, and marshals must only 21 provide badges or other identifying insignia to volunteers, youth 22 cadets, and specially commissioned officers that are authorized in 23 agency policy, and such identification may only be used by them while 24 on duty in their authorized roles. 25 (b) In any county where the sheriff's office uses volunteers, 26 youth cadets, or specially commissioned officers, the county must 27 adopt or amend its laws and ordinances to comply with the 28 requirements of this section. The requirements of this section take 29 effect January 1, 2027, to provide time for adoption of policies, 30 laws, and ordinances, and this section supersedes, preempts, and 31 invalidates any local law or ordinance that conflicts with this 32 section. 33 NEW SECTION. Sec. 11. A new section is added to chapter 36.28 34 RCW to read as follows: 35 (1) In addition to the causes for vacancy of elective office set 36 forth in RCW 42.12.010, a vacancy in the office of sheriff is created 37 if the incumbent does not maintain certification as required under 38 chapter 43.101 RCW, is decertified under chapter 43.101 RCW, or if 39 p. 16 SB 5974 the other requirements of RCW 36.28.025 are determined to have not 1 been met or to have not been complied with while in office. When a 2 vacancy has been created, if it is a partisan elective office, the 3 county legislative authority of that county shall appoint a 4 replacement to fill the office. If it is a nonpartisan elective 5 office, the county executive or the county legislative authority of 6 that county shall appoint a replacement to fill the office. The 7 person appointed must meet the requirements of RCW 36.28.025.8 (2) Where the office of sheriff is an appointed position, such 9 appointment is terminated, and a vacancy created, if the incumbent 10 does not maintain certification as required under chapter 43.101 RCW, 11 is decertified under chapter 43.101 RCW, or if the other requirements 12 of RCW 36.28.025 are determined to have not been met or to have not 13 been complied with while in office. The appointing county legislative 14 authority shall appoint a replacement to fill the office. The person 15 appointed must meet the requirements of RCW 36.28.025.16 Sec. 12. RCW 42.12.010 and 1994 c 223 s 2 are each amended to 17 read as follows: 18 Every elective office shall become vacant on the happening of any 19 of the following events: 20 (1) The death of the incumbent; 21 (2) ((His or her )) The resignation of the incumbent . A vacancy 22 caused by resignation shall be deemed to occur upon the effective 23 date of the resignation; 24 (3) ((His or her)) The removal of the incumbent;25 (4) Except as provided in RCW 3.46.067 and 3.50.057, ((his or 26 her)) the incumbent ceasing to be a legally registered voter of the 27 district, county, city, town, or other municipal or quasi municipal 28 corporation from which ((he or she )) the incumbent shall have been 29 elected or appointed, including where applicable the council 30 district, commissioner district, or ward from which ((he or she)) the 31 incumbent shall have been elected or appointed; 32 (5) ((His or her )) The incumbent's conviction of a felony, or of 33 any offense involving a violation of ((his or her )) the incumbent's 34 official oath; 35 (6) ((His or her )) The incumbent's refusal or neglect to take 36 ((his or her )) their oath of office, or to give or renew ((his or 37 her)) their official bond, or to deposit such oath or bond within the 38 time prescribed by law; 39 p. 17 SB 5974 (7) The decision of a competent tribunal declaring void ((his or 1 her)) the incumbent's election or appointment; ((or))2 (8) Whenever a judgment shall be obtained against that incumbent 3 for breach of the condition of ((his or her)) their official bond; or4 (9) Whenever an elected law enforcement official does not 5 maintain certification as required under chapter 43.101 RCW, is 6 decertified under chapter 43.101 RCW, or if the other requirements of 7 RCW 36.28.025 are determined to have not been met or to have not been 8 complied with while in office. 9 Sec. 13. RCW 43.101.095 and 2025 c 349 s 2 are each amended to 10 read as follows: 11 (1)(a) As a condition of employment, election, or appointment to 12 office, all peace officers and all corrections officers are required 13 to obtain certification ((or exemption therefrom )) and maintain 14 certification as required by this chapter and the rules of the 15 commission. 16 (b) To ensure that sheriffs, police chiefs, and town marshals 17 meet the requirements in RCW 35.21.333 and 36.28.025 to obtain 18 certification within nine months of assuming office, the commission 19 must prioritize their access to any commission training required for 20 certification.21 (2)(a) Any ((applicant who has been offered a conditional offer 22 of employment )) person seeking election, appointment, or employment 23 as a peace officer ((or)), reserve officer, ((offered a conditional 24 offer of employment as a )) corrections officer ((after July 1, 25 2021)), or ((offered a conditional offer of employment )) as a limited 26 authority Washington peace officer who if hired would qualify as a 27 peace officer as defined ((by)) in RCW 43.101.010 ((after July 1, 28 2023)), must submit to a background investigation to determine the 29 ((applicant's)) person's suitability for employment. ((This 30 requirement applies to any applicant moving from any Washington law 31 enforcement or corrections agency to another, as well as applicants 32 moving from a certified peace officer position to a certified 33 corrections officer position, or vice versa, within the same 34 agency.)) Any person seeking election to the office of sheriff must 35 meet the background investigation requirements under RCW 36.28.025. 36 This requirement does not apply to any person whose certification has 37 lapsed as a result of a break of more than 24 consecutive months in 38 the officer's service as a result of being recalled into military 39 p. 18 SB 5974 service. Employing agencies and appointing authorities may only make 1 a conditional offer of employment pending completion of the 2 background ((check)) investigation and shall ((verify)) attest in 3 writing to the commission that they have complied with all background 4 ((check)) investigation requirements prior to making any 5 nonconditional offer of employment. 6 (b) The background ((check)) investigation must have been 7 completed within the prior six months, and include:8 (i) A check of criminal history, any national decertification 9 index, commission records, and all disciplinary records by any 10 previous law enforcement or correctional employer, including 11 complaints or investigations of misconduct and the reason for 12 separation from employment. Law enforcement or correctional agencies 13 that previously employed or received an application from the 14 ((applicant)) person shall retain application records and disclose 15 employment or application information within 30 days of receiving a 16 written request from the employing agency conducting the background 17 investigation, including the reason for the ((officer's)) person's 18 separation from the agency , any information regarding the person's 19 application to that agency, and any other information obtained during 20 the background investigation conducted as part of the application 21 process. Complaints or investigations of misconduct must be disclosed 22 regardless of the result of the investigation or whether the 23 complaint was unfounded; 24 (ii) Inquiry to the local prosecuting authority in any 25 jurisdiction in which the ((applicant)) person has served as to 26 whether the ((applicant)) person is on any potential impeachment 27 disclosure list; 28 (iii) Inquiry into whether the ((applicant)) person has any past 29 or present affiliations with extremist organizations, as defined by 30 the commission; 31 (iv) A review of the ((applicant's)) person's social media 32 accounts; 33 (v) Verification of immigrant or citizenship status as either a 34 citizen of the United States of America, lawful permanent resident, 35 or deferred action for childhood arrivals recipient;36 (vi) A psychological examination administered by a psychiatrist 37 licensed in the state of Washington pursuant to chapter 18.71 RCW or 38 a psychologist licensed in the state of Washington pursuant to 39 p. 19 SB 5974 chapter 18.83 RCW, in compliance with standards established in rules 1 of the commission; 2 (vii) A polygraph or similar assessment administered by an 3 experienced professional with appropriate training and in compliance 4 with standards established in rules of the commission; and5 (viii) Except as otherwise provided in this section, any test or 6 assessment to be administered as part of the background investigation 7 shall be administered in compliance with standards established in 8 rules of the commission. 9 (c) The commission ((may)) shall establish standards for the 10 background ((check)) investigation requirements in this section and 11 any other preemployment background ((check)) investigation 12 requirement that may be imposed by an employing agency or the 13 commission. 14 (((d) The employing law enforcement agency may require that each 15 person who is required to take a psychological examination and a 16 polygraph or similar test pay a portion of the testing fee based on 17 the actual cost of the test or $400, whichever is less. Employing 18 agencies may establish a payment plan if they determine that the 19 person does not readily have the means to pay the testing fee.))20 (3)(a) The commission shall allow a peace officer or corrections 21 officer to retain status as a certified ((peace officer or 22 corrections)) officer as long as the officer: (i) Timely meets the 23 basic training requirements, or is exempted therefrom, in whole or in 24 part, under RCW 43.101.200 or under rule of the commission; (ii) 25 timely meets or is exempted from any other requirements under this 26 chapter as administered under the rules adopted by the commission; 27 (iii) is not denied certification by the commission under this 28 chapter; and (iv) has not had certification suspended or revoked by 29 the commission. 30 (b) The commission shall certify peace officers who are limited 31 authority Washington peace officers employed on or before July 1, 32 2023. Thereafter, the commission may revoke certification pursuant to 33 this chapter. 34 (4) As a condition of certification and of a background 35 investigation, a peace officer or corrections officer must((, on)):36 (a) On a form devised or adopted by the commission, authorize the 37 release to the employing county, city, or agency and to the 38 commission of the officer's personnel files, including disciplinary, 39 termination, civil or criminal investigation, or other records or 40 p. 20 SB 5974 information that are directly related to a certification matter or 1 decertification matter before the commission ((. The peace officer or 2 corrections officer must also consent));3 (b) Consent to and facilitate a review of the officer's social 4 media accounts, however, consistent with RCW 49.44.200, the officer 5 is not required to provide login information. The release of 6 information may not be delayed, limited, or precluded by any 7 agreement or contract between the officer, or the officer's union, 8 and the entity responsible for the records or information; and9 (c) Indicate, on a form provided by the hiring agency, any prior 10 application materials, including any background investigation 11 conducted while seeking employment with any other law enforcement 12 agency, including where the person began but did not complete a full 13 background investigation. 14 (5) The employing county, city, or agency and the commission are 15 authorized to receive criminal history record information that 16 includes nonconviction data for any purpose associated with 17 employment or certification under this chapter. Dissemination or use 18 of nonconviction data for purposes other than that authorized in this 19 section is prohibited. 20 (6) For a national criminal history records check, the commission 21 shall require fingerprints be submitted and searched through the 22 Washington state patrol identification and criminal history section. 23 The Washington state patrol shall forward the fingerprints to the 24 federal bureau of investigation. 25 (7) Prior to certification, or to appointment as a sheriff, 26 chief, or marshal, the employing agency shall ((certify)) attest to 27 the commission that the agency has received or conducted a completed 28 ((the)) background ((check)) investigation, that no information has 29 been found that would disqualify the ((applicant)) person from 30 certification, and that the ((applicant is)) person was determined by 31 the background investigation and under commission rules to be 32 suitable for employment as a peace officer ((or)), corrections 33 officer, sheriff, chief, or marshal. Persons determined by the 34 background investigation to have engaged in conduct meeting the 35 criteria set forth in RCW 43.101.105(2) shall be considered 36 unsuitable for employment as a peace officer. For candidates for the 37 elective office of sheriff, the person filing for office must, by the 38 deadline to file as a candidate, have submitted the request for the 39 background investigation and the required attestation that the 40 p. 21 SB 5974 candidate meets all eligibility requirements pursuant to RCW 1 36.28.025. 2 (8) All files, papers, and other information obtained as part of 3 the background investigation are confidential and exempt from public 4 disclosure under chapter 42.56 RCW. The verification by the 5 commission that the background investigation has been completed, and 6 whether it has been passed or failed, is a public record. The 7 commission must retain background investigation files it receives.8 (9)(a) In order to assure consistent use of best practices 9 regarding the standards for determining whether a background 10 investigation has identified information that should disqualify a 11 person, the commission shall, by December 31, 2027, issue guidelines 12 with criteria to be applied by employing counties, cities, agencies, 13 and the commission in determining whether a person is suitable for 14 employment pursuant to this section.15 (b) To assist in developing these guidelines regarding 16 potentially disqualifying criteria, the commission shall seek input 17 from individuals who have experience in conducting or reviewing law 18 enforcement background investigations, misconduct or human resource 19 complaints, investigations, or disciplinary decisions, or who provide 20 community perspective, which may include:21 (i) Chiefs, sheriffs, law enforcement agency human resource 22 staff, legal counsel, or others from law enforcement agencies or 23 city, county, or state human resources departments;24 (ii) Individuals who serve as or have served as polygraph 25 examiners or psychologists for law enforcement background 26 investigations;27 (iii) Individuals who serve in or have served in law enforcement 28 accountability oversight roles;29 (iv) Representatives from the Washington association of sheriffs 30 and police chiefs, the Washington state patrol, the Washington 31 fraternal order of police, the Washington council of police and 32 sheriffs, and a union representing the interests of peace officers 33 and corrections officers; and34 (v) Community representatives, including a community member from 35 eastern Washington.36 (c) The guidelines shall include criteria that must result in 37 mandatory disqualification under RCW 43.101.105(2), and criteria that 38 may result in disqualification, including all grounds for the denial, 39 suspension, or revocation of an officer's certification under RCW 40 p. 22 SB 5974 43.101.105(3), with factors to be considered by the agency or by the 1 commission in making that discretionary determination.2 (10) The requirements of this section apply to persons applying 3 to serve as a new officer, a lateral transfer within the state or 4 from another state from a law enforcement or corrections agency to a 5 different law enforcement or corrections agency, or an officer moving 6 from a corrections division to a law enforcement division or vice 7 versa within the same agency unless exempted by the commission, or a 8 person seeking appointment or election as a sheriff, chief, or 9 marshal.10 (11) Every individual, legal entity, and agency of federal, 11 state, or local government is immune from civil liability, whether 12 direct or derivative, for providing information to the commission, 13 employing agencies, potential employing agencies, or appointing 14 authorities in good faith.15 Sec. 14. RCW 43.101.115 and 2021 c 323 s 10 are each amended to 16 read as follows: 17 (1) A person denied a certification based upon dismissal or 18 withdrawal from a basic law enforcement academy or basic corrections 19 academy under RCW 43.101.105(3)(a) is eligible for readmission and 20 certification upon meeting standards established in rules of the 21 commission, which rules may provide for probationary terms on 22 readmission. 23 (2) A person whose certification is denied or revoked based upon 24 prior administrative error of issuance, failure to cooperate, or 25 interference with an investigation is eligible for certification upon 26 meeting standards established in rules of the commission, which rules 27 shall provide for a probationary period of certification in the event 28 of reinstatement of eligibility. 29 (3) A person whose certification is mandatorily denied or revoked 30 pursuant to RCW 43.101.105(2) is not eligible for certification at 31 any time. 32 (4) Any officer who is required to obtain and maintain 33 certification and who has had their certification denied, revoked, or 34 voluntarily surrendered and not reinstated in this state or any other 35 state may not serve in any role as a peace officer, corrections 36 officer, limited authority Washington peace officer, specially 37 commissioned officer, or reserve officer.38 p. 23 SB 5974 (5) A person whose certification is denied or revoked for reasons 1 other than provided in subsections (1) through (3) of this section 2 may, five years after the revocation or denial, petition the 3 commission for reinstatement of the certificate or for eligibility 4 for reinstatement. The commission may hold a hearing on the petition 5 to consider reinstatement, and the commission may allow reinstatement 6 based upon standards established in rules of the commission. If the 7 certificate is reinstated or eligibility for certification is 8 determined, the commission shall establish a probationary period of 9 certification. 10 (((5))) (6) A person whose certification is revoked based solely 11 upon a criminal conviction may petition the commission for 12 reinstatement immediately upon a final judicial reversal of the 13 conviction. The commission shall hold a hearing on request to 14 consider reinstatement, and the commission may allow reinstatement 15 based on standards established in rules of the commission. If the 16 certificate is reinstated or if eligibility for certification is 17 determined, the commission shall establish a probationary period of 18 certification. 19 (((6))) (7) The commission's rules and decisions regarding 20 reinstatement shall align with its responsibilities to enhance public 21 trust and confidence in the law enforcement profession and 22 correctional system. 23 Sec. 15. RCW 10.93.170 and 2021 c 323 s 30 are each amended to 24 read as follows: 25 A general authority Washington law enforcement agency or limited 26 authority Washington law enforcement agency is prohibited from 27 considering the application for any office, place, position, or 28 employment within the agency if the ((applicant)) person has not 29 provided the agency a document, voluntarily and knowingly signed by 30 the ((applicant)) person, that authorizes each prior employer and 31 each agency to which the person has applied to release any and all 32 information relating to the ((applicant's)) person's employment and 33 application for employment , and further releasing and holding 34 harmless the agency and each prior employer and agency to which the 35 person has applied from any and all liability that may potentially 36 result from the release and use of such information provided.37 p. 24 SB 5974 Sec. 16. RCW 36.28.020 and 2009 c 549 s 4051 are each amended to 1 read as follows: 2 ((Every deputy sheriff shall possess all the power, and may 3 perform any of the duties, prescribed by law to be performed by the 4 sheriff, and shall serve or execute, according to law, all process, 5 writs, precepts, and orders, issued by lawful authority.))6 Persons may ((also)) be deputed by the sheriff in writing ((to do 7 particular acts; including the )) to conduct service of process in 8 civil or criminal cases, and the sheriff shall be responsible on 9 ((his or her )) the sheriff's official bond for their default or 10 misconduct. The use of such persons shall be limited to functions and 11 actions not involving use of law enforcement authority or carrying of 12 firearms or other weapons unless such persons are certified as peace 13 officers under chapter 43.101 RCW.14 Sec. 17. RCW 43.101.400 and 2021 c 323 s 21 are each amended to 15 read as follows: 16 (1) Except as provided under subsection (2) of this section, all 17 files, papers, and other information obtained by the commission as 18 part of ((an initial )) a background investigation pursuant to RCW 19 43.101.095 (((2) and (4))), 36.28.025, and 35.21.333 are confidential 20 and exempt from public disclosure. Such records are not subject to 21 public disclosure, subpoena, or discovery proceedings in any civil 22 action, except as provided in RCW 43.101.380(6) or which become part 23 of the record in a suspension or decertification ((matter)) hearing.24 (2) Records which are otherwise confidential and exempt from 25 public disclosure under subsection (1) of this section may be 26 reviewed and copied: (a) By the officer involved or the officer's 27 counsel or authorized representative, who may review the officer's 28 file after the officer has been served with a statement of charges 29 pursuant to RCW 43.101.155, and may submit any additional exculpatory 30 or explanatory evidence, statements, or other information, any of 31 which must be included in the file; (b) by a duly authorized 32 representative of (i) the agency of termination, or (ii) a current 33 employing law enforcement or corrections agency, which may review and 34 copy its employee-officer's file; or (c) by a representative of or 35 investigator for the commission. 36 (3) Records which are otherwise confidential and exempt from 37 public disclosure under subsection (1) of this section may also be 38 inspected at the offices of the commission by a duly authorized 39 p. 25 SB 5974 representative of a law enforcement or corrections agency considering 1 an application for employment by a person who is the subject of a 2 record. A copy of records which are otherwise confidential and exempt 3 under subsection (1) of this section may later be obtained by an 4 agency after it hires the ((applicant)) person. In all other cases 5 under this subsection, the agency may not obtain a copy of the 6 record. 7 (4) The commission shall maintain a database that is publicly 8 searchable, machine readable, and exportable, and accompanied by a 9 complete, plain-language data dictionary describing the names of 10 officers and employing agencies, all conduct investigated, 11 certifications denied, notices and accompanying information provided 12 by law enforcement or correctional agencies, including the reasons 13 for separation from the agency, decertification or suspension actions 14 pursued, and final disposition and the reasons therefor for at least 15 30 years after final disposition of each incident. The dates for each 16 material step of the process must be included. Any decertification 17 must be reported to the national decertification index.18 (5) Every individual, legal entity, and agency of federal, state, 19 or local government is immune from civil liability, whether direct or 20 derivative, for providing information to the commission in good 21 faith. 22 NEW SECTION. Sec. 18. The following acts or parts of acts are 23 each repealed:24 (1) RCW 35.66.010 (Authority to establish) and 1965 c 7 s 25 35.66.010; 26 (2) RCW 35.66.020 (Appointment) and 1965 c 7 s 35.66.020;27 (3) RCW 35.66.030 (Assistance by police) and 1965 c 7 s 28 35.66.030; 29 (4) RCW 35.66.040 (Compensation) and 2007 c 218 s 68 & 1965 c 7 s 30 35.66.040; 31 (5) RCW 35.66.050 (Persons under arrest — Separate quarters) and 32 1973 1st ex.s. c 154 s 53 & 1965 c 7 s 35.66.050; and33 (6) RCW 36.28.011 (Duty to make complaint) and 1963 c 4 s 34 36.28.011. 35 NEW SECTION. Sec. 19. Sections 6, 7, and 10 of this act take 36 effect January 1, 2027.37 p. 26 SB 5974 NEW SECTION. Sec. 20. Except for sections 6, 7, and 10 of this 1 act, this act is necessary for the immediate preservation of the 2 public peace, health, or safety, or support of the state government 3 and its existing public institutions, and takes effect April 30, 4 2026.5 NEW SECTION. Sec. 21. If any provision of this act or its 6 application to any person or circumstance is held invalid, the 7 remainder of the act or the application of the provision to other 8 persons or circumstances is not affected.9 --- END --- p. 27 SB 5974