SB 5936 — Concerning prevention of and remedies for human trafficking.

S-4183.1Z-0443.1 SUBSTITUTE SENATE BILL 5936 State of Washington 69th Legislature 2026 Regular Session By Senate Law & Justice (originally sponsored by Senators Orwall, Pedersen, Nobles, Riccelli, Valdez, and C.

by request of Uniform Law Commission)Commission READPrefiled FIRST12/23/25. TIME 01/23/26.

Read first time 01/12/26.

Referred to Committee on Law & Justice.

amending RCW 7.98.020;

adding a new section to chapter 7.98 RCW;

or (b) An employee or nonemployee agent of the entity engages in conduct that constitutes human trafficking and the conduct is part of a pattern of activity in violation of RCW 9A.40.100 or 9A.40.110 for the direct benefit of the entity, which the entity knew was occurring and failed to take effective action to stop.

1 SSBSB 5936 (a) A fine of not more than $1,000,000 per offense;

2 SSBSB 5936 public office must be made in writing and signed by the complainant under oath;

3 SSBSB 5936 (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.

4 SSBSB 5936 (B) Information that meets the definition of protected health information for purposes of the health insurance portability and accountability act of 1996 or health care information for purposes of chapter 70.02 RCW;

5 SSBSB 5936 requests a body worn camera recording relevant to a criminal case involving that person, or the executive director from either the Washington state commission on African American affairs, Asian Pacific American affairs, or Hispanic affairs, has the right to obtain the body worn camera recording, subject to any exemption under this chapter or any applicable law.

6 SSBSB 5936 spent responding to public records requests under this chapter, as established pursuant to local ordinance, policy, procedure, or state law.

7 SSBSB 5936 (17) Information and records prepared, owned, used, or retained by the Washington association of sheriffs and police chiefs and information and records prepared, owned, used, or retained by the Washington state patrol pursuant to chapter 261, Laws of 2017;

NEW SECTION.

RCWA 7.98.020new andsection 2018is cadded 86to schapter 47.98 areRCW each amended to read as follows:

(1)LAW UponENFORCEMENT thePROTOCOL. request by the victim or representative thereof including, but not limited to, the victim's attorney, accredited representative, or domestic violence, sexual assault, or victim's service provider, a certifying agency shall:

(a)(1) MakeOn arequest determinationfrom onan Unitedindividual Stateswhom citizenshipa andcertifying immigrationagency servicesreasonably formbelieves I-918is supplementa Bvictim orwho relevantis successoror certificationhas form,been whethersubjected theto victim was a victimsevere form of criminaltrafficking activityor andcriminal hasoffense beenrequired helpful,for isthe beingindividual helpful, or is likely to bequalify helpfulfor toa theT detection or investigationU ornonimmigrant prosecutionvisa ofunder that8 criminalU.S.C. activity;

or (b) make a determination on United States citizenship and immigration services form I-914 supplement B or relevant successor certification form, whether the victim is or has been a victim of trafficking and, unless the victim is under the age of eighteen, whether he or she has complied with any reasonable requests from law enforcement in any related investigation or prosecution of the acts of trafficking in which he or she was a victim.

(2) Upon a certifying agency's affirmative determination under subsection (1) of this section, the certifying official shall fully complete and sign the certification, including, if applicable, the specific details regarding the nature of the crime investigated or prosecuted and a detailed description of the victim's helpfulness or p.

8 SSB 5936 likely helpfulness to the detection or investigation or prosecution of criminal activity.

(3) If the certifying agency determines that an individual does not meet the requirements for the certifying agency to comply with subsection (1) of this section, the agency shall inform the individual of the reason and that the individual may make another request under subsection (1) of this section and submit additional evidence satisfying the requirements.

(4) A certifying agency shall process the certification within ninety days of request, unless the victim is in federal immigration removal proceedings, in which case the certifying agency shall execute the certification no later than fourteen days after the request is received by the agency.

In any case in which the victim or the victim's children would lose any benefits under 8 U.S.C.

11841101(a)(15)(T) (o) and (p) by virtue of having reached the age of twenty-one years within ninety days after the certifying agency receives the certification request, the certifying agency shall execute the certification no later than fourteen days before the date on which the victim or child(U), wouldas reachamended, the age of twenty-one years or ninetyfor dayscontinued frompresence theunder date22 ofU.S.C. the request, whichever is earlier.

RequestsSec. for expedited certification must be affirmatively raised by the victim.

(((4)))7105(c)(3), (5)as Aamended, currentthe investigation,certifying agency, as soon as practicable after receiving the filingrequest, ofshall charges,complete, sign, and agive prosecutionto the individual the form I-914 supplement B or convictionform areI-918 notsupplement requiredB forprovided aby victimthe toUnited requestStates citizenship and obtainimmigration theservices certificationon fromits internet website and ask a certifyingfederal official.law enforcement officer to request continued presence.

(((5)))(2) (6)If Athe certifying agency maydetermines onlythat withdrawan theindividual certificationdoes ifnot meet the victimrequirements unreasonablyfor refusesthe certifying agency to providecomply informationwith andsubsection assistance(1) relatedof tothis section, the investigationagency orshall prosecutioninform the individual of the associatedreason criminaland activitythat whenthe reasonablyindividual requestedmay bymake theanother certifyingrequest agency.under subsection (1) of this section and submit additional evidence satisfying the requirements.

(((6))) (7) The head of each certifying agency shall designate an agent, who performs a supervisory role within the agency, to perform the following responsibilities:

(a) Respond to requests for certifications;

(b) Provide outreach to victims of criminal activity and trafficking to inform them of the agency's certification process;

and (c) Keep written documentation regarding the number of victims who requested certifications, the number of certification forms that were signed, the number of certification forms that were denied, and the number of certifications that were withdrawn, which must be reported to the office of crime victims advocacy on an annual basis.

p.

9 SSB 5936 (((7))) (8) All certifying agencies shall develop a language access protocol for limited English proficient and deaf or hard of hearing victims of criminal activity.

(((8))) (9) A certifying agency shall reissue any certification within ninety days of receiving a request from the victim of criminal activity or trafficking or representative thereof including, but not limited to, the victim's attorney, accredited representative, or domestic violence, sexual assault, or victim's service provider.

(((9))) (10) A certifying agency shall not disclose personal identifying information, or information regarding the citizenship or immigration status of any victim of criminal activity or trafficking who is requesting a certification unless required to do so by applicable federal law or court order, or unless the certifying agency has written authorization from the victim or, if the victim is a minor or is otherwise not legally competent, by the victim's parent or guardian.

This subsection does not modify prosecutor or law enforcement obligations to disclose information and evidence to defendants under Brady v.

Maryland, 373 U.S.

83, 83 S.

Ct.