AN ACT Relating to law enforcement; adding a new chapter to Title 10 RCW; adding a new section to chapter 43.10 RCW; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) This chapter may be known and cited as the Washington mutual aid limited peace officer powers act of 1986.

(2) It is the intent of the legislature to both increase and clarify the authority of limited authority Washington peace officers and the criminal investigators for the state attorney general. It is the further intent of the legislature to enable the agencies employing such officers to participate more fully in law enforcement mutual aid.

(3) This chapter shall be liberally construed to effectuate the intent of the legislature to modify current restrictions upon the limited enforcement authority of limited authority peace officers and to effectuate mutual aid among agencies.

(4) The modification of enforcement authority of the various categories of peace officers covered by this chapter shall not create a duty to act beyond any duty which may otherwise be imposed by law or which may be imposed by the primary commissioning agency.

NEW SECTION. Sec. 2. The terms used in this chapter shall have the meanings set forth in chapter 10.-- RCW (the Washington mutual aid peace officer powers act of 1985) unless the context clearly requires otherwise.

NEW SECTION. Sec. 3. The circumstances surrounding any actual exercise of peace officer authority under this chapter shall be timely reported, after the fact, to the Washington law enforcement agency with primary territorial jurisdiction and shall be subject to any reasonable reporting procedure which may be established by such agency.

A limited authority Washington peace officer shall not be required to report under this section where law enforcement authority has been exercised to enforce laws in the limited subject area enforced primarily by the limited authority agency.

NEW SECTION. Sec. 4. Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency.

NEW SECTION. Sec. 5. All persons exercising peace officer powers under this chapter are subject to supervisory control of and limitations imposed by the primary commissioning agency, but the primary commissioning agency may, by agreement with another agency, temporarily delegate supervision over the peace officer to another agency.

NEW SECTION. Sec. 6. All of the privileges and immunities from liability, exemption from laws, ordinances, and rules, all pension, relief, disability, worker's compensation insurance, and other benefits which apply to the activity of officers, agents, or employees of any law enforcement agency when performing their respective functions within the jurisdiction of their respective agencies shall apply to them and to their primary commissioning agencies to the same degree and extent while such persons are engaged in the performance of authorized functions and duties under this chapter.

NEW SECTION. Sec. 7. A new section is added to chapter 43.10 RCW to read as follows:

The attorney general may appoint criminal investigators who shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally, and such other powers and duties as are prescribed by law. Such investigators shall be Washington peace officers within the meaning of chapter 10.-- RCW (the Washington mutual aid peace officer powers act of 1985), and under all other pertinent laws, with all powers and duties attendant thereto. Such criminal investigators, as a prerequisite to the exercise of such peace officer powers, shall successfully complete a course of training approved by the Washington state criminal justice training commission. For purposes of chapter 10.-- RCW (the Washington mutual aid peace officer powers act of 1985), the office of the attorney general shall be a general authority Washington law enforcement agency.

NEW SECTION. Sec. 8. In addition to any other powers vested by law, a limited authority Washington peace officer who has successfully completed a course of basic training prescribed or approved for such officers by the Washington state criminal justice training commission may enforce the traffic or criminal laws of this state, throughout the territorial bounds of this state, when the offense occurs in the presence of the officer, and the officer is acting within the course and scope of the officer's duties for a limited authority Washington law enforcement agency, but only under the following circumstances:

(1) Upon the prior written consent of the sheriff or chief of police in whose primary territorial jurisdiction the exercise of the powers occurs;

(2) In response to an emergency involving an immediate threat to human life or property;

(3) As authorized by RCW 10.31.100;

(4) In response to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction or in response to the request of a peace officer with enforcement authority;

(5) When the officer is transporting a prisoner;

(6) When the officer is executing an arrest warrant or search warrant; or

(7) When the officer is in fresh pursuit, as defined in chapter 10.-- RCW (the Washington mutual aid peace officer powers act of 1985).

NEW SECTION. Sec. 9. Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance. The agency with primary territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or other reasonable standards.

NEW SECTION. Sec. 10. Sections 1 through 6 and 8 and 9 of this act shall constitute a new chapter in Title 10 RCW.

NEW SECTION. Sec. 11. This act shall take effect January 1, 1986.