HB 1635 — Limiting liability arising from the use of trained police dogs.

CERTIFICATIONH-0796.1 OF ENROLLMENT HOUSE BILL 1635 68th Legislature Regular Session Passed by the House March 5, 2024 CERTIFICATE Yeas 96 Nays 0 I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington,Washington do68th herebyLegislature Speaker2023 ofRegular theSession HouseBy of certify that the attached is HOUSE BILL 1635 as passed by the House of Representatives RepresentativesMosbrucker, Walsh, and theEslick SenateRead onfirst thetime dates01/27/23. hereon set forth.

Passed by the Senate February 29, Yeas 49 Nays 0 Chief Clerk President of the Senate Approved FILED Secretary of State State of Washington Governor of the State of Washington HOUSE BILL 1635 AS AMENDED BY THE SENATE Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Mosbrucker, Walsh, and Eslick Read first time 01/27/23.

amending RCW 4.24.410;

(1) By JulyDecember 1, 2025,2024, the commission shall develop model standards for the training and certification of canine teams to detect fentanyl.

When developing the model standards, the commission shall consult with:with experts including public and private organizations that train canines to imprint on controlled substances, law enforcement or correctional agencies that use canines to detect controlled substances, and experts on the training of canines for use by law enforcement.

(1)(2) ExpertsBeginning includingJanuary public1, and2025, privatea organizationsstate thator trainlocal caninesgovernment, tolaw imprintenforcement onagency, controlledor substances;any employee of a state or local government or law enforcement agency is immune from civil damages arising from the use of a canine to detect fentanyl if:

(2)(a) LawThe enforcementcanine oris correctionaltrained agenciesand thatcertified usepursuant canines to detectthe controlledmodel substances;standards adopted under subsection (1) of this section;

(3)(b) ExpertsThe oncanine is being handled by a peace officer acting within the trainingscope of canineshis foror useher byemployment lawor enforcement;duties;

and (4)p. Licensed medical professionals and veterinarians, to the extent reasonably available, with expertise in:

(a)1 DevelopingHB and1635 implementing(c) protocolsThe todamages minimizedo exposurenot ofarise caninesfrom andgross theirnegligence handlersor towillful opioidsor andwanton theirmisconduct. derivatives, including fentanyl and its derivatives;

(b) detecting clinical signs of such exposure;

and (c) p.

1 HB 1635.PL intervening with timely and appropriate medical and veterinary medical treatment in the field, during stabilization and transport, and in-hospital following exposure to opioids and their derivatives, including fentanyl and its derivatives.

Sec.

2.

RCW 4.24.410 and 1993 c 180 s 1 are each amended to read as follows:

(1) As used in this section:

(a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.

(b) "Accelerant detection dog" means a dog used exclusively for accelerant detection by the state fire marshal or a fire department and under the control of the state fire marshal or his or her designee or a fire department handler.

(c) "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington state criminal justice training commission in police dog handling, or in the case of an accelerant detection dog, the state fire marshal's designee or an employee of the fire department authorized by the fire chief to be the dog's handler.

(d) "Lawful application of a police dog" means employment or specific use of a police dog as allowed by law.

(2) Any dog handler who uses a police dog in the line of duty in good faith is immune from civil action for damages arising out of such use of the police dog or accelerant detection dog.

(3) A state or local government or law enforcement agency is not strictly liable for damages resulting from the lawful application of a police dog.

2 HB 1635.PL1635