SB 5022
In CommitteeSenate
Law enf. hiring
Concerning law enforcement agency and prosecutor offices hiring.
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 requires all Washington law enforcement agencies and prosecutor offices to hire only individuals who are legally authorized to work in the United States, and updates background check procedures for peace officers, corrections officers, and other public safety employees. It also clarifies that non-citizen employees who are work-authorized may be authorized to carry firearms, if the agency’s policy permits it.
- Requires all law enforcement agencies and prosecutor offices to hire only applicants who are legally authorized to work in the United States under federal law.
- Clarifies that peace officers and corrections officers who are legally authorized to work (including lawful permanent residents and DACA recipients) may be authorized to carry firearms, if the agency has a written policy allowing it.
- Expands background investigation requirements for conditional job offers to include verification of work authorization status, criminal history, prior misconduct, extremist affiliations, and social media review.
- Requires applicants for civil service positions (including law enforcement) to be legally authorized to work in the U.S. and to speak, read, and write English.
- Adds a new requirement that all employees of prosecuting attorneys’ offices must be legally authorized to work in the U.S.
- Allows agencies to reject applications if they lack resources to complete required background checks, but this does not override state antidiscrimination laws.
Who is affected
- Law enforcement agencies and prosecutor offices — Law enforcement agencies and prosecutor offices must verify that job applicants are legally authorized to work in the U.S. under federal law before hiring them.
- Job applicants seeking law enforcement or civil service positions — Must be legally authorized to work in the U.S. to be hired as a peace officer, corrections officer, fish and wildlife officer, or civil service employee in state or local government.
- Agency administrators and human resources staff — Must ensure their hiring practices comply with updated work authorization and background check requirements, and may need to adjust policies (e.g., firearms policies for non-citizen officers).
- Current law enforcement and corrections employees — May be affected if their employees’ work authorization status is reviewed as part of updated background checks.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
Standardizes work authorization verification across all law enforcement and prosecution roles, reducing the risk of hiring individuals who may be ineligible under federal law—thereby enhancing institutional legitimacy, reducing legal liability, and improving public trust in law enforcement integrity.
Public SafetyPeopleRef: Sec. 1, 2, 3, 4, 5, 7; RCW 10.93.165, 10.93.200, 41.08.070, 41.12.070, 41.14.100, NEW Sec. 7Explicitly allows agencies to authorize non-citizen work-authorized officers (including DACA recipients and lawful permanent residents) to carry firearms—provided a written policy exists—potentially expanding recruitment pools in communities with high immigrant populations and improving cultural competency in policing.
Public SafetyPeopleRef: Sec. 2; RCW 10.93.200Expands background investigations to include extremist affiliations and social media review, which may improve public safety by identifying candidates with ties to domestic violent extremist groups—though this carries privacy concerns, the bill includes safeguards (e.g., no requirement to provide login credentials).
Public SafetyPeopleRef: Sec. 8(b)(iii), (iv); RCW 43.101.095Mandates disclosure of prior misconduct, complaints, and disciplinary records—including unfounded complaints—and requires inquiry into whether applicants appear on impeachment disclosure lists, strengthening accountability and reducing the risk of hiring officers with histories of credibility issues.
Public SafetyPeopleRef: Sec. 8(b)(i), (ii); RCW 43.101.095Caps background investigation testing fees at $400 and allows payment plans, mitigating financial barriers for low- and moderate-income applicants seeking public safety careers—though the requirement still imposes a cost, it is capped and flexible.
FinancialLean peopleRef: Sec. 8(d); RCW 43.101.095
Potential Concerns (5)
Mandates work authorization verification for all civil service and law enforcement applicants, including prosecutor office employees, which may reduce the pool of qualified applicants—particularly in rural or under-resourced agencies that lack capacity to conduct expanded background checks—potentially worsening staffing shortages in public safety.
Business & EmploymentRef: Sec. 3, 4, 5, 7; RCW 41.08.070, 41.12.070, 41.14.100, NEW Sec. 7Requires all employees of prosecuting attorneys’ offices to be legally authorized to work in the U.S., which may disproportionately exclude qualified non-citizen legal residents (e.g., DACA recipients, lawful permanent residents) from roles that do not require law enforcement authority—such as legal assistants, victim advocates, or administrative staff—despite federal work authorization and no security or firearms responsibilities.
Rights & LibertiesPeopleRef: Sec. 7; NEW Sec. 7While the bill permits agencies to authorize non-citizen officers to carry firearms, it does not mandate such authorization, and agencies may decline based on policy or resource constraints—potentially limiting the ability of agencies to hire qualified bilingual or culturally competent officers from immigrant communities, especially in jurisdictions facing acute staffing shortages.
Public SafetyLean peopleRef: Sec. 2; RCW 10.93.200Expands background investigation requirements to include social media review, psychological exams, and polygraphs—capped at $400 but still a burden for low-income applicants—and allows agencies to reject candidates if they lack resources to conduct these checks, potentially creating a de facto barrier for applicants in underfunded jurisdictions.
FinancialLean peopleRef: Sec. 8(b)(v), (d); RCW 43.101.095The $400 cap on testing fees and allowance for payment plans may reduce immediate financial burden on applicants, but the requirement still imposes a new cost on job seekers—particularly those in lower-wage civil service roles—whereas most other public safety hiring costs are borne by agencies.
FinancialRef: Sec. 8(d); RCW 43.101.095
Who Is Most Affected
May benefit from expanded hiring pools if agencies choose to authorize non-citizen officers to carry firearms; however, agencies in under-resourced jurisdictions may face increased administrative and financial burdens due to expanded background checks.
Non-citizen work-authorized applicants (e.g., DACA recipients, LPRs) gain explicit eligibility to serve as peace officers and potentially carry firearms—but may still face de facto barriers due to agency discretion, resource constraints, or social stigma. Citizen applicants see no loss in eligibility.
HR staff and agency administrators must implement new verification protocols and expanded background checks, increasing workload and training needs—especially in small or rural agencies lacking dedicated HR or legal staff.
Current employees may face re-verification of work status during routine background checks or recertification, though the bill does not mandate retroactive checks—potential for anxiety or administrative burden in agencies that adopt aggressive compliance practices.
Non-citizen legal residents (e.g., DACA recipients, LPRs) may now be eligible for sworn peace officer roles—including firearms authorization—if agency policy permits, enhancing career pathways and community representation. However, non-sworn roles (e.g., legal assistants, victim advocates) remain subject to work authorization requirements with no exemption.