2SHB 1399
In CommitteeHouse
Sheriffs, chiefs, etc.
Modernizing, harmonizing, and clarifying laws concerning sheriffs, chiefs, marshals, and police matrons.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill standardizes eligibility, background investigation, and certification requirements for sheriffs, police chiefs, and marshals across Washington—whether elected or appointed—to improve accountability and professionalism. It also restricts non-certified volunteers and specially commissioned officers from performing law enforcement duties and repeals outdated statutes on police matrons and related roles.
- Establishes uniform eligibility requirements for sheriffs, police chiefs, and marshals—including U.S. citizenship, age 25+, high school diploma or equivalent, no felony or certain gross misdemeanor convictions, two years of full-time law enforcement experience, and certification within 12 months of taking office.
- Mandates background investigations for all candidates and appointees, including criminal history, prior employer records, psychological exams, polygraph, social media review, and verification of citizenship or immigration status; results are public records.
- Requires that sheriffs, chiefs, and marshals maintain peace officer certification; failure to do so creates a vacancy and triggers appointment of a replacement.
- Limits volunteers and specially commissioned officers (non-reserve) to non-enforcement roles unless certified; agencies must adopt policies ensuring they are distinguishable from sworn officers and cannot carry weapons or exercise arrest powers.
- Repeals outdated laws about 'police matrons' and obsolete city-specific statutes governing police authority and compensation.
- Creates a publicly searchable database of officer certifications, decertifications, and disciplinary actions maintained by the Criminal Justice Training Commission.
Who is affected
- Sheriffs, police chiefs, and marshals (elected or appointed) — Must meet updated eligibility standards (e.g., citizenship, age, education, clean criminal record, prior law enforcement experience, and certification) to be appointed or elected, and must maintain certification to stay in office.
- Candidates for sheriff, police chief, or marshal — Must undergo a standardized background investigation before appointment or election, and must provide a sworn statement confirming eligibility; background investigation results are public records.
- Local law enforcement agencies (cities, towns, counties) — Must ensure volunteers and specially commissioned officers (non-reserve) do not perform law enforcement duties (e.g., arrests, carrying firearms, use of force) unless certified; must adopt policies limiting roles and ensuring public identification of non-certified personnel.
- Volunteers and specially commissioned officers in local law enforcement — Volunteers and specially commissioned officers (non-reserve) are restricted to non-enforcement roles (e.g., search and rescue, animal care, chaplaincy) unless certified; cannot carry weapons or exercise arrest powers without certification.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Establishes uniform eligibility standards—including citizenship, age, education, clean criminal record, prior law enforcement experience, and mandatory certification—for all sheriffs, police chiefs, and marshals, enhancing professionalism and reducing risk of unqualified individuals holding sworn leadership roles.
Public SafetyPeopleRef: Sec. 2, 35.21.333(1)(a)-(j); Sec. 8, 36.28.025(1)(a)-(j); Sec. 9, 36.28.025(1)(i)Mandates comprehensive background investigations—including criminal history, psychological exams, polygraph, social media review, and verification of citizenship/immigration status—making it harder for candidates with undisclosed misconduct or fitness issues to obtain certification, thereby improving accountability.
Public SafetyPeopleRef: Sec. 6, 36.28.025(1)(j)(ii); Sec. 8, 43.101.095(2)(i)-(viii); Sec. 10, 43.101.095(8)Creates a publicly searchable database of certifications, decertifications, and disciplinary actions maintained by the Criminal Justice Training Commission, increasing transparency and enabling communities to track officer conduct across jurisdictions.
Public SafetyPeopleRef: Sec. 6, 36.28.025(1)(j)(iv); Sec. 8, 43.101.095(2)(vii); Sec. 12, 43.101.380(3)Limits volunteers and specially commissioned officers (non-reserve) to non-enforcement roles unless certified, reducing risk of untrained individuals conducting arrests, carrying weapons, or using force—enhancing community safety and reducing liability exposure for local agencies.
Public SafetyPeopleRef: Sec. 6, 36.28.025(1)(j)(ii); Sec. 8, 43.101.095(2)(iii)Requires certification within 12 months of taking office and ties continued service to maintaining certification, creating a clear accountability mechanism for leadership failures and enabling timely removal of officers who lose certification.
Local GovernmentPeopleRef: Sec. 9, 36.28.025(1)(i); Sec. 10, 43.101.095(1)(b)
Potential Concerns (5)
Mandates standardized background investigations for sheriff candidates and appointees, including state patrol-conducted investigations for elected candidates and local agency-conducted investigations for appointed ones, with verification required by the Criminal Justice Training Commission; this increases administrative burden and costs for local governments, especially smaller jurisdictions lacking dedicated HR or legal staff.
Local GovernmentPeopleRef: Sec. 2, 36.28.025(1)(j)(ii); Sec. 9Requires sheriffs, police chiefs, and marshals to have two years of prior full-time law enforcement experience, effectively excluding qualified candidates from non-traditional pathways (e.g., federal investigative roles, tribal law enforcement without formal certification, or community-based peace workers), limiting local hiring flexibility and potentially reducing diversity in leadership pipelines.
Business & EmploymentPeopleRef: Sec. 2, 35.21.333(1)(h); Sec. 4, 35.23.161; Sec. 5, 35.27.240Mandates polygraph and psychological exams as part of background investigations, which may deter qualified candidates due to cost, invasiveness, or cultural concerns, and could disproportionately affect candidates from historically marginalized communities who may have greater distrust of government oversight.
Public SafetyPeopleRef: Sec. 6, 36.28.025(1)(j); Sec. 8, 43.101.095(2)(vii)Requires social media review as part of background investigations, raising privacy concerns and potential for overbroad or discriminatory screening practices, especially for candidates who use social media for community engagement or advocacy.
Rights & LibertiesLean peopleRef: Sec. 6, 36.28.025(1)(j)(iii); Sec. 8, 43.101.095(2)(iv)Repeals outdated statutes on police matrons and obsolete city-specific authority structures, streamlining legal compliance for local governments but eliminating niche roles that may have served specific community needs (e.g., female detainees, trauma-informed care).
Local GovernmentRef: Sec. 14 (repeal of RCW 35.66.010–050 and 36.28.011)