HB 1399 — Modernizing, harmonizing, and clarifying laws concerning sheriffs, chiefs, marshals, and police matrons.
Last action — Referred to Community Safety.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced January 20, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed House
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
727 added · 765 removedPlain-language change summary
The updated version of House Bill 1399 clarifies the rules concerning law enforcement volunteers, specifying their roles, such as participating in search and rescue or caring for animals, while also placing limits on their use of uniforms and badges. It emphasizes that these volunteers cannot be involved in enforcing laws and addresses the need for law enforcement agencies to have clear policies for their involvement. This change is important because it establishes clearer guidelines for volunteer roles within law enforcement, ensuring accountability and proper use of authority in community safety efforts.
H-1183.2H-0448.1 SUBSTITUTE HOUSE BILL 1399 State of Washington 69th Legislature 2025 Regular Session By House Community Safety (originally sponsored by Representatives Goodman, Fitzgibbon, Reed, Doglio, and Ormsby)Ormsby READRead FIRSTfirst TIMEtime 02/10/25.01/20/25.
Referred to Committee on Community Safety.
amending RCW 35.21.333, 35.21.334, 35.23.161, 35.27.240, 36.28.010, 36.28.025, 43.101.095, 10.93.170, 36.28.020, 43.101.380, and 43.101.400;
1 SHBHB 1399 BecauseWhere all those who serve in law enforcement must maintain their peace officer certification, the legislature finds that state law should be clear regarding actions taken when a sheriff, police chief, or marshal has their certification revoked, to ensure that state law reflects consistent principles of strong accountability for all ranks.
The legislature finds further that specially commissioned officers and volunteers, if retained by local law enforcement executives to assist with agency needs, should be limited to roles that do not involve taking law enforcement actions, including the carrying of firearms or other weapons, the detention and arrest of others, and the use of force and deadly force, unless the person has completed peace officer training and certification requirements, and that law enforcement agencies must have policies circumscribing limitations on use of uniforms and badges, and the permissible roles for volunteers, whichincluding may include roles such as helping with search and rescue, servingcare asof faith leaders, caring for domestic animals, and helpingchaplaincy, with traffic management that does not include authority to enforce criminal laws, and maylimitations noton include use of dogsuniforms to track people or animals other than for search and rescue.badges.
(((c))) (d) Has not been convicted under the laws of this state, another state, ((or)) the United States, or the equivalent under foreign law, of a felony;
2 SHBHB 1399 (((c)))(((d))) (d)(e) Has not been convicted under the laws of this state, another state, ((or)) the United States, or the equivalent under foreign law,law of a felony;gross misdemeanor ((or any crime)) involving moral turpitude ((within five years of the date of application)), dishonesty, fraud, or corruption;
(((d))) (e) Has not been convicted under the laws of this state, another state, the United States, or the equivalent under foreign law of a gross misdemeanor ((or any crime)) involving moral turpitude ((within five years of the date of application)), dishonesty, fraud, or corruption;
p.(ii) The appointing authority is responsible for any fees associated with the background investigation.
3(2) SHB((A 1399person (ii)seeking Theappointment appointingto authoritythe isoffice responsibleof forchief anyof feespolice associatedor withmarshal, theof backgrounda investigation.city or town, including a code city, with a p.
(2)3 ((AHB person1399 seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population of one thousand or less, is ineligible unless that person conforms with the requirements of subsection (1) (a) through (e) of this section.
((The Washington association of sheriffs and police chiefs shall develop advisory procedures which may be used by the appointing authority in completing its background investigation of candidates for the office of chief of police or marshal)) (2) Such appointment shall be terminated, and a vacancy created, if the chief of police's or marshal's certification is not maintained as required, if the chief of police or marshal is disqualified from serving as a law enforcement officer because of decertification under chapter 43.101 RCW, or if the other requirements of RCW 35.21.333 are p.
4 SHBHB 1399 (2) Such appointment shall be terminated, and a vacancy created, if the chief of police's or marshal's certification is not maintained as required, if the chief of police or marshal is disqualified from serving as a law enforcement officer because of decertification under chapter 43.101 RCW, or if the other requirements of RCW 35.21.333 are determined to have not been met, or to have not been complied with while in office.
p.The marshal's lawful orders shall be promptly executed by deputies((,)) and police officers ((and watchpersons.
5 SHB 1399 The marshal's lawful orders shall be promptly executed by deputies((,)) and police officers ((and watchpersons.
He or she may appoint, subject to the approval of the mayor, one or more deputies, for whose acts he andp. his or her bondspersons shall be responsible, whose compensation shall be fixed by the council.
5 HB 1399 and his or her bondspersons shall be responsible, whose compensation shall be fixed by the council.
The marshal shall execute and return all process issued and directed to ((himhim or her))her the marshal by any legal authority ((andand for his or her services shall receive the same fees as are paid to constables)).constables.
(1) WithIf thea exceptions of reserve officers as defined in RCW 10.93.020 and those volunteers and specially commissioned officers who are certified under chapter 43.101 RCW, any law enforcement agency in any city or town that uses volunteers or specially commissioned officers to assist in the work of itstheir lawagency, enforcementthe agencyroles mayof not permit these volunteers orand specially commissioned officers, other than those who serve as reserve officers toas engagedefined in RCW 10.93.020, shall be limited to functions orand actions requiringnot theinvolving use of law enforcement authority,authority or carrying of or use of firearms or other weapons, orunless usethe ofvolunteer dogs to track people or animalsspecially othercommissioned thanofficer foris purposescertified ofunder searchchapter and43.101 rescue.RCW.
A(2) lawLimitations enforcementon agencyauthority inand athe cityrequired orsupervision townof may utilize volunteers orand specially commissioned officers tomust assistbe withset rolesforth includingin but not limited to helping with search and rescue, serving as faith leaders, helping with traffic management that doesagency's notpolicies include authority to enforce criminal laws, and caringregulations. for domestic animals.
p.
6 SHB 1399 (2) Limitations on authority and the required supervision of volunteers and specially commissioned officers must be set forth in that agency's policies and regulations.
Thep. sheriff is the chief executive officer and conservator of the peace of the county.
6 HB 1399 The sheriff is the chief executive officer and conservator of the peace of the county.
(1) Shall enforce the Constitution and laws of the United States and the Constitution and laws of the state of Washington, as interpreted and applied by the state supreme court;
p.(8)(a) May call to their aid ((such persons, or power of their county as they may deem necessary)) volunteers or specially commissioned officers.
7The SHBroles 1399of (8)(a)volunteers Mayand callspecially commissioned officers, other than those who serve as reserve officers as defined in RCW 10.93.020, shall be limited to theirfunctions aidand ((suchactions persons,not involving use of law enforcement authority or powercarrying of theiror countyuse asof theyfirearms mayor deemother necessary))weapons, volunteersunless the volunteer or specially commissioned officers.officer is certified under chapter 43.101 RCW.
With the exceptions of reserve officers as defined in RCW 10.93.020 and those volunteers and specially commissioned officers who are certified under chapter 43.101 RCW, any sheriff in any county that uses volunteers or specially commissioned officers to assist in the sheriff's work may not permit these volunteers or specially commissioned officers to engage in functions or actions requiring the use of law enforcement authority, carrying of or use of firearms or other weapons, or use of dogs to track people or animals other than for purposes of search and rescue.
A sheriff may utilize volunteers or specially commissioned officers to assist with roles including but not limited to helping with search and rescue, serving as faith leaders, helping with traffic management that does not include authority to enforce criminal laws, and caring for domestic animals.
Agency policies and regulations shall also include requirements that volunteers and speciallyp. commissioned officers must be clearly identifiable by the public as distinguishable from peace officers, and if they are provided badges or other identifying insignia, such identification shall be officially issued by the agency and used only while on duty in this role.
7 HB 1399 specially commissioned officers must be clearly identifiable by the public as distinguishable from peace officers, and if they are provided badges or other identifying insignia, such identification shall be officially issued by the agency and used only while on duty in this role.
p.(b) Is at least 25 years old;
8 SHB 1399 (b) Is at least 25 years old;
and (j)p. Except as provided in subsection (4) of this section, if not yet certified, has met the background investigation requirements under RCW 43.101.095.
8 HB 1399 (j) Except as provided in subsection (4) of this section, if not yet certified, has met the background investigation requirements under RCW 43.101.095.
The commission shall also at the same time post on their public website maintained under RCW 43.101.400(4) a list of all p.candidates for sheriff who have passed the required background investigation so that the public and election officials may readily ascertain whether any candidate filing for office has not met the required eligibility criteria and is thus not eligible to be on the ballot.
9(ii) SHBThe 1399person candidatesfiling for sheriffcandidacy whomust havesubmit passeda the required background investigation sorequest thatto the publicWashington andstate electionpatrol officialsat mayleast readilythree ascertainmonths whetherbefore anythe candidatedeadline filingto file for officeelection hasso notthat metthere theis requiredsufficient eligibilitytime criteriafor the state patrol and isthe thuscriminal notjustice eligibletraining commission to beconduct on the ballot.investigation and verification process.
(ii) The person filing for candidacy must submit a background investigation request to the Washington state patrol at least two months before the deadline to file for election so that there is sufficient time for the state patrol and the criminal justice training commission to conduct the investigation and verification process.
(iv)p. The Washington state patrol is responsible for any fees associated with the background investigation for any person seeking election to the office of sheriff.
9 HB 1399 (iv) The Washington state patrol is responsible for any fees associated with the background investigation for any person seeking election to the office of sheriff.
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(4) The background investigation requirements of this section do not apply to any person who is holding the office of sheriff as of p.the effective date of this section, unless the person seeks election or appointment to a different office of sheriff.
10 SHB 1399 the effective date of this section, unless the person seeks election or appointment to a different office of sheriff.
(2) Where the office of sheriff is an appointed position, such appointment is terminated, and a vacancy created, if the incumbent doesp. not maintain certification as required under chapter 43.101 RCW, is disqualified from serving as a law enforcement officer because of decertification under chapter 43.101 RCW, or if the other requirements of RCW 36.28.025 are determined to have not been met or to have not been complied with while in office.
10 HB 1399 does not maintain certification as required under chapter 43.101 RCW, is disqualified from serving as a law enforcement officer because of decertification under chapter 43.101 RCW, or if the other requirements of RCW 36.28.025 are determined to have not been met or to have not been complied with while in office.
p.(2)(a) Any applicant ((who has been offered a conditional offer of employment)) seeking election, appointment, or employment as a peace officer ((or)), reserve officer, ((offered a conditional offer of employment as a)) corrections officer ((after July 1, 2021)), or ((offered a conditional offer of employment)) as a limited authority Washington peace officer who if hired would qualify as a peace officer as defined by RCW 43.101.010 ((after July 1, 2023)), must submit to a background investigation to determine the applicant's suitability for employment.
11 SHB 1399 (2)(a) Any applicant ((who has been offered a conditional offer of employment)) seeking election, appointment, or employment as a peace officer ((or)), reserve officer, ((offered a conditional offer of employment as a)) corrections officer ((after July 1, 2021)), or ((offered a conditional offer of employment)) as a limited authority Washington peace officer who if hired would qualify as a peace officer as defined by RCW 43.101.010 ((after July 1, 2023)), must submit to a background investigation to determine the applicant's suitability for employment.
(i)p. A check of criminal history, any national decertification index, commission records, and all disciplinary records by any previous law enforcement or correctional employer, including complaints or investigations of misconduct and the reason for separation from employment.
Law11 enforcementHB or1399 correctional(i) agenciesA thatcheck previouslyof employedcriminal orhistory, receivedany annational applicationdecertification fromindex, thecommission applicantrecords, shalland retainall applicationdisciplinary records andby discloseany employmentprevious orlaw applicationenforcement informationor withincorrectional 30employer, daysincluding ofcomplaints receivingor ainvestigations writtenof requestmisconduct fromand the employing agency conducting the background investigation, including the reason for the officer's separation from theemployment. agency , any information regarding the candidate's application to that agency, and any other information obtained during the background investigation conducted as part of the application process.
Law enforcement or correctional agencies that previously employed or received an application from the applicant shall retain application records and disclose employment or application information within 30 days of receiving a written request from the employing agency conducting the background investigation, including the reason for the officer's separation from the agency, any information regarding the candidate's application to that agency, and any other information obtained during the background investigation conducted as part of the application process.
p.(iii) Inquiry into whether the applicant has any past or present affiliations with extremist organizations, as defined by the commission;
12 SHB 1399 (iii) Inquiry into whether the applicant has any past or present affiliations with extremist organizations, as defined by the commission;
(c) The commission may establish standards for the background ((check)) investigation requirements in this section and any other preemploymentp. background ((check)) investigation requirement that may be imposed by an employing agency or the commission.
12 HB 1399 preemployment background ((check)) investigation requirement that may be imposed by an employing agency or the commission.
p.(b) The commission shall certify peace officers who are limited authority Washington peace officers employed on or before July 1, 2023.
13 SHB 1399 (b) The commission shall certify peace officers who are limited authority Washington peace officers employed on or before July 1, 2023.
(a) On a form devised or adopted by the commission, authorize the release to the employing county, city, or agency and to the commission of the officer's personnel files, including disciplinary, termination, civil or criminal investigation, or other records or information that are directly related to a certification matter or decertification matter before the commission((.commission ((.
and (c) Indicate, on a form provided by the hiring agency, any prior application materials, including any background investigation conducted while seeking employment with any other law enforcement agency,p. including where the applicant began but did not complete a full background investigation.
13 HB 1399 agency, including where the applicant began but did not complete a full background investigation.
(7) Prior to certification, or to appointment as a sheriff, chief, or marshal, the employing agency shall ((certify)) attest to the commission that the agency has received or conducted a completed ((the)) background ((check)) investigation, no information has been found that would disqualify the applicant from certification, ((and)) p.that the applicant ((is)) was determined by the background investigation and under commission rules to be suitable for election or employment as a peace officer ((or)), corrections officer, sheriff, chief, or marshal.
14 SHB 1399 that the applicant ((is)) was determined by the background investigation and under commission rules to be suitable for election or employment as a peace officer ((or)), corrections officer, sheriff, chief, or marshal.
Applicants determined by the background investigation to have engaged in conduct meeting the criteria set forth in RCW 43.101.105(2) shall be considered unsuitable for election or for employment as a peace officer.
(9)(a) In order to assure consistent use of best practices regarding the standards for determining whether a background investigation has identified information that should disqualify an applicant, the commission shall, by June 30, 2026, issueadopt guidelinesby withrule criteria to be applied by employing counties, cities, agencies, and the commission in determining whether an applicant is suitable for employment pursuant to this section.
(b) To assist in developing these guidelinesrules regarding potentially disqualifying criteria, the commission shall seek input from individuals who have experiencep. in conducting or reviewing law enforcement background investigations, misconduct or human resource complaints, investigations, or disciplinary decisions, or who provide community perspective, which may include:
14 HB 1399 experience in conducting or reviewing law enforcement background investigations, misconduct or human resource complaints, investigations, or disciplinary decisions, or who provide community perspective, which may include:
(iv) Representatives from the Washington association of sheriffs and police chiefs, the Washington state patrol, the Washington fraternal order of police, the Washington council of police and p.sheriffs, and a union representing the interests of peace officers and corrections officers;
15 SHB 1399 sheriffs, and a union representing the interests of peace officers and corrections officers;
(c) The guidelinesrules shall include criteria that must result in mandatory disqualification, which must include all grounds for the denial or revocation of an officer's certification under RCW 43.101.105(2), and criteria that may result in disqualification, includingwhich must include all grounds for the denial, suspension, or revocation of an officer's certification under RCW 43.101.105(3), with factors to be considered by the agency or by the commission in making that discretionary determination.
(11) Every individual, legal entity, and agency of federal, state, or local government is immune from civil liability, whether direct or derivative, for providing information to the commission, employing agencies, potential employing agencies, or appointing authorities in good faith.
RCW 10.93.170 and 2021 c 323 s 30 are each amended to read as follows:
A general authority Washington law enforcement agency or limited authority Washington law enforcement agency is prohibited from considering the application for any office, place, position, or employment within the agency if the applicant has not provided the agency a document, voluntarily and knowingly signed by the applicant, that authorizes each prior employer or each agency to which the applicant has applied to release any and all information relating to the applicant's employment or application for employment, and further releasing and holding harmless the agency and each prior employer or agency to which the applicant has applied from any and all liability that may potentially result from the release and use of such information provided.
p.
16 SHB 1399 Sec.
12.
Every deputy sheriff shall possess all the power, and may perform any of the duties, prescribed by law to be performed by the sheriff, andp. shall serve or execute, according to law, all process, writs, precepts, and orders, issued by lawful authority.
15 HB 1399 and shall serve or execute, according to law, all process, writs, precepts, and orders, issued by lawful authority.
13.12.
(iv) one member of the public who is not a prosecutor, defense attorney, judge, or law p.enforcement officer;
17 SHB 1399 enforcement officer;
(b)p. When a hearing is requested in relation to a certification action of a Washington corrections officer, the commission shall appoint to the panel:
16 HB 1399 (b) When a hearing is requested in relation to a certification action of a Washington corrections officer, the commission shall appoint to the panel:
The hearings panel shall, upon p.written request by the subject peace officer or corrections officer, allow the peace officer or corrections officer to present additional evidence of extenuating circumstances.
18p. SHB 1399 written request by the subject peace officer or corrections officer, allow the peace officer or corrections officer to present additional evidence of extenuating circumstances.
17 HB 1399 (5) The commission is authorized to proceed regardless of whether an arbitrator or other appellate decision maker overturns the discipline imposed by the officer's employing agency or whether the agency settles an appeal.
14.13.
(a) By the officer involved or the officer's counsel or authorized representative, who may review the officer's file after the officer has been served with a statement of charges pursuant to RCW 43.101.155, and may submit any additional exculpatory or explanatory evidence, statements, or other information, any of p.which must be included in the file;
19(b) SHBby 1399a whichduly mustauthorized berepresentative includedof in(i) the file;agency of termination, or (ii) a current employing law enforcement or corrections agency, which may review and p.
(b)18 byHB a1399 duly authorized representative of (i) the agency of termination, or (ii) a current employing law enforcement or corrections agency, which may review and copy its employee-officer's file;
15.14.
p.(5) RCW 35.66.050 (Persons under arrest — Separate quarters) and 1973 1st ex.s.
20 SHB 1399 (5) RCW 35.66.050 (Persons under arrest—Separate quarters) and 1973 1st ex.s.
NEWp. SECTION.
19 HB 1399 NEW SECTION.
16.15.
2120 SHBHB 1399
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View plain text versions (3)
- Bill View text Current pdf
- Substitute Substitute Bill pdf
- Substitute Second Substitute Bill pdf
Action History
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Referred to Community Safety.
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Rules Committee relieved of further consideration.
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By resolution, reintroduced and retained in present status.
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Returned to Rules Committee for second reading.
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Rules Committee relieved of further consideration. Placed on second reading.
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Referred to Rules 2 Review.
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Minority; do not pass.
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APP - Majority; 2nd substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Appropriations at 1:30 PM.
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Public hearing in the House Committee on Appropriations at 4:00 PM.
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Referred to Appropriations.
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Minority; do not pass.
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CS - Majority; 1st substitute bill be substituted, do pass.
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Executive action taken in the House Committee on Community Safety at 8:00 AM.
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Public hearing in the House Committee on Community Safety at 1:30 PM.
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First reading, referred to Community Safety.
Sponsors
- Timm Ormsby · Cosponsor
- Beth Doglio · Cosponsor
- Julia Reed · Cosponsor
- Joe Fitzgibbon · Cosponsor
- Roger Goodman · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 146 not signed on
Sponsors (1)
- Roger Goodman Democrat
Co-sponsors (4)
- Timm Ormsby Democrat
- Beth Doglio Democrat
- Julia Reed Democrat
- Joe Fitzgibbon Democrat
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 1399?
- HB 1399 is sponsored by Timm Ormsby (Democrat), Beth Doglio (Democrat), Julia Reed (Democrat), Joe Fitzgibbon (Democrat), and Roger Goodman (Democrat).
- What is the current status of HB 1399?
- This bill has passed the House. Introduced January 20, 2025. It now moves to the second chamber.
- Where can I track HB 1399?
- Track HB 1399 free on One Click Politics — get push/email alerts when it moves.
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