The Senate passed SB 5925 with an amendment that provides more guardrails to the expansion of the Attorney General’s powers sought in the bill.

The amendment requires that there must be “facts and circumstances” that lead the Attorney General’s Office to reasonably believe possible state or federal violations were made prior to issuing written investigative demands. The amendment also requires that the assistant attorney general in the investigative division review and approve the demands.

The bill now moves to the House and awaits scheduling for a public hearing.

Committee attaches guardrails to expanded AG authority

February 6, 2026

The bill seeking to expand the Attorney General’s powers passed out of committee with amendments that provide more clarity and place guardrails on what the Attorney General’s Office (AGO) can do. SB 5925 was amended as follows:

• Removes AGO authority to issue civil investigative demands for alleged law enforcement use-of-force violations
• Clarifies that the AGO cannot issue civil investigative demands in criminal investigations
• Requires that civil investigative materials can only be shared or used consistent with the Keep Washington Working Act
• Extends the timeline to appeal a civil investigative demand, or respond to an appeal, from 20 days to 30 days

The bill now awaits a floor vote in the Senate.

Bills seek to greatly expand AGO authority

January 16, 2026

A suite of legislation requested by Attorney General Nick Brown’s office seeks a transformative change that would expand the office’s investigative reach and power.

AWC covered a similar effort to expand the authority of the Attorney General’s Office (AGO) during the 2025 legislative session, voicing members’ concerns about potential consequences. Thanks to outreach from cities, those bills did not pass. The new series of bills takes a different approach toward a highly similar expansion, and our concerns remain strong.

Here are the bills seeking expanded AGO powers in 2026.

SB 5925, sponsored by Sen. Drew Hansen (D–Bainbridge Island), and its House companion HB 2161, sponsored by Rep. Darya Farivar (D–Seattle), would provide the AGO with far greater reach in civil matters than it currently has, giving the office investigative authority and subpoena power for matters involving the U.S. Constitution, the Washington State Constitution, and the following specific areas of state law:

RCW sections

• 10.93.160: Immigration and citizenship status—Law enforcement agency restrictions
• 10.118.030: Use of force—Reporting requirements
• 10.120.020: Permissible uses of force
• 43.10.315: Immigration enforcement model policies—Adoption by law enforcement agencies

RCW chapters

• 10.116: Peace officers—Tactics and equipment
• 39.12: Prevailing wages on public works
• 49.46: Minimum wage requirements and labor standards
• 49.48: Wages—Payment—Collection
• 49.52: Wages—Deductions—Contributions—Rebates
• 49.60: Discrimination—Human Rights Commission
• 70.48: City and County Jails Act

A pair of additional AGO-requested bills would independently have lesser impacts for cities but would complement the expansion of the office into a robust investigative agency.

HB 2156 gives AGO investigators increased ability to participate in criminal investigations when a county prosecutor or the Governor authorizes it and empowers the investigators to serve search warrants on businesses. It prohibits them from carrying firearms or making arrests.

HB 2096 allows for the issuance of confidential IDs to AGO investigators for undercover or covert criminal investigations.

While AWC does not have concerns with HB 2156 and HB 2096 independently, we are concerned with the expansion proposed by SB 5925 and HB 2161, particularly because the language of the bills expanding AGO authority is broad and ambiguous. Ambiguity in legislation can lead to court interpretations misaligned with legislative intent.

AGO and sponsor explanations as to why these bills are necessary are expected in legislative hearings this week.

Dates to remember

SB 5925 is scheduled for a hearing in the Senate Law & Justice Committee on Tuesday, January 20, at 8 am.

HB 2161 is scheduled for a hearing in the House Civil Rights & Judiciary Committee on Tuesday, January 20, at 10:30 am.

HB 2156 is scheduled for a executive session in the House Community Safety Committee on Thursday, January 22, at 8 am.

HB 2096 is scheduled for a hearing in the House Transportation Committee on Monday, January 19, at 4 pm.

SB 5925 is scheduled for executive session in the Senate Law & Justice Committee on Thursday, January 22, at 10:30 am.