AWC is seeking feedback about how HB 1399 impacts police volunteers.

As recently amended, the bill makes changes that could impact community police volunteer programs like traffic, events, and more. We are most interested in city feedback on the first bullet below.

As amended, the bill now:

• Provides a non-exhaustive list of roles that volunteers and specially commissioned officers who are not certified may perform for law enforcement agencies and sheriffs, including 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;
• Removes new language added in the original bill requiring a sheriff to enforce the U.S. Constitution and laws, but retains language requiring a sheriff to enforce the Washington Constitution and laws, as interpreted and applied by the state Supreme Court;
• Requires a person filing for candidacy for sheriff to submit a background investigation request to the Washington State Patrol at least two months, rather than three months, before the filing deadline, when such a background investigation is required;
• Provides that applicants who are determined by the background investigation to have engaged in conduct that meets mandatory decertification criteria must be considered unsuitable for election or for employment as a peace officer;
• Requires the Criminal Justice Training Commission (CJTC) to issue guidelines with criteria for counties, cities, agencies, and the CJTC to apply in determining whether an applicant is suitable for employment, rather than requiring the CJTC to adopt rules by June 30, 2026, for the same purpose;
• Provides that every individual, legal entity, and agency of federal, state, or local government is immune from civil liability for providing information regarding applicants to the CJTC, employing agencies, potential employing agencies, or appointing authorities in good faith;
• Requires applicants to provide law enforcement agencies to which they are applying a document authorizing each prior agency to which the applicant has applied to release information relating to the applicant's application for employment, in addition to authorizing each prior employer to release information relating to the applicant's employment; and
• Removes reference to constables in a provision of law pertaining to marshals.

Please reach out to us with stories, information, or concerns your jurisdiction may have, particularly as it pertains to the volunteer provisions of the bill.

A bill related to law enforcement leadership eligibility requirements

January 24, 2025

A bill seeking to update eligibility requirements to lead law enforcement agencies has a hearing this week.

HB 1399, sponsored by Rep. Roger Goodman (D–Kirkland), seeks to clarify laws around sheriffs, chiefs, marshals, and police matrons.

Among other things, the bill language proposes to update existing eligibility requiring that an individual eligible for appointment or to remain in office must:

• Be a minimum age of 25-years-old;
• Have minimum two years of uninterrupted law enforcement experience;
• Successfully pass a background check;
• Have no convictions of felony in any state or country;
• Have no convictions of gross misdemeanor involving moral turpitude, dishonesty, fraud, or corruption in any state or country;
• Have not engaged in conduct that would deny or revoke certification;
• Has received at least honorable discharge for any military service;
• Be a U.S. citizen;
• Have a high school degree;
• Has obtained CJTC certification; and
• Maintain certification throughout their tenure.

Notably, it appears this update strikes the existing requirement that the minimum two years’ experience must be commissioned law enforcement, meaning that civilian law enforcement experience would qualify for leadership under this bill.

Volunteer provisions

While this bill is consistent with existing state law for police chief requirements, we have concerns with new language restricting what volunteers can do, which could negatively impact community volunteer programs.

The new language limits volunteers and specially commissioned officers (excluding reserve officers) from performing law enforcement functions, authority, and use of weapons, except if they’re certified by CJTC (as outlined in chapter 43.101 RCW). It further directs law enforcement agencies to establish policies that define volunteer supervision and how they are distinguishable from peace officers to the public.

We are seeking city feedback on the potential impacts on local volunteer programs.

Dates to remember

HB 1399 is scheduled for public hearing in the House Community Safety Committee on January 27 at 1:30 pm.