H-1992 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 127
_______________________________________________
C 155 L 85
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Natural Resources (originally sponsored by Representatives Sutherland and McMullen)
Read first time 3/1/85 and passed to Committee on Rules.
AN ACT Relating to law enforcement by wildlife agents and fisheries patrol officers; and amending RCW 75.10.010 and 77.12.055.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 75.08.150, chapter 12, Laws of 1955 as last amended by section 32, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.010 are each amended to read as follows:
(1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the director, and other statutes as prescribed by the legislature.
(2) When acting within the scope of subsection (1) of this section and when an offense occurs in the presence of the fisheries patrol officer who is not an ex officio fisheries patrol officer, the fisheries patrol officer may enforce all criminal laws of the state. The fisheries patrol officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.
(3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the department of fisheries unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of fisheries and another agency.
(4) Fisheries patrol officers may serve and execute warrants and processes issued by the courts.
Sec. 2. Section 17, chapter 78, Laws of 1980 and RCW 77.12.055 are each amended to read as follows:
(1) Jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules of the commission pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature. However, when acting within the scope of these duties and when an offense occurs in the presence of the wildlife agent who is not an ex officio wildlife agent, the wildlife agent may enforce all criminal laws of the state. The wildlife agent must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a supplemental course in criminal law enforcement as approved by the department and the criminal justice training commission and provided by the department or the criminal justice training commission, prior to enforcing the criminal laws of the state.
(2) Wildlife agents are peace officers.
(3) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the department of game unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the department of game and another agency.
(4) Wildlife agents may serve and execute warrants and processes issued by the courts.