H-2761.1  _______________________________________________

                          HOUSE BILL 2394

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Sheldon, Lisk, Foreman, Kessler, Dunshee, Springer, Chandler and King

Read first time 01/14/94.  Referred to Committee on Judiciary.

Allowing certain federal agents to make arrests for violations of state law.

    AN ACT Relating to the enforcement of state law by a federal officer; and adding a new chapter to Title 10 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Arrest" means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense.

    (2) "Federal officer" means a special agent or law enforcement officer employed by a federal agency and who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

    (3) "Peace officer" means a duly appointed city, county, or state law enforcement officer.

NEW SECTION. Sec. 2.  (1) A federal officer may effect the arrest of a person violating the laws of Washington state:

    (a) When the federal officer has probable cause to believe that a felony or gross misdemeanor has been committed or is being committed;

    (b) When rendering assistance to a peace officer in an emergency situation or at the request of a law enforcement officer; or

    (c) When the federal officer has received positive information, conforming with RCW 10.31.030 and 10.31.060, that a peace officer holds a warrant for the arrest of a person.

    (2) The federal officer shall inform the person to be arrested of the federal officer's authority and reason for the arrest.

    (3) In order to make an arrest a federal officer may use all justifiable physical force which a peace officer is authorized to use under RCW 9A.16.020, 9A.16.040, and 10.31.050.

    (4) A federal officer making an arrest under this section shall take the arrested person before a magistrate or deliver the offender to a peace officer without unnecessary delay.

    (5) A federal officer when making an arrest for a nonfederal offense under this section has the same immunity from suit as a state or local law enforcement officer.

NEW SECTION. Sec. 3.  The Washington state criminal justice training commission may require that a federal officer meet reasonable training or certification standards or other reasonable standards.

NEW SECTION. Sec. 4.  Sections 1 through 3 of this act shall constitute a new chapter in Title 10 RCW.

                            --- END ---