BP BHEAD INT H

AN ACT Relating to enhancing public safety through coordination of agencies; adding a new chapter to Title 10 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of the legislature to ensure maximum cooperation between federal employees and local law enforcement authorities; to ensure that federal employees who carry out arrests, searches, and seizures in this state receive the best local knowledge and expertise available; and to prevent misadventure affecting Washington state citizens and their rights that results from lack of cooperation or communication between federal employees operating in Washington state and properly constituted local law enforcement authorities.

NEW SECTION. Sec. 2. (1) A federal employee who is not designated by Washington state law as a general authority Washington peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:

(a) The arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by a Washington statute;

(b) The federal employee witnesses the commission of a crime the nature of which requires an immediate arrest;

(d) The intended subject of the arrest, search, or seizure is an employee of the sheriff's office or is an elected county or state officer; or

(e) The federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure.

(2) The county sheriff or designee of the sheriff may refuse permission for any reason that the sheriff or designee considers sufficient.

(3) A federal employee who desires to exercise an exception under subsection (1)(d) of this section shall obtain the written permission of the Washington state attorney general for the arrest, search, or seizure unless the resulting delay in obtaining the permission would probably cause serious harm to one or more individuals or to a community or would probably cause flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general may refuse the permission for any reason that the attorney general considers sufficient.

(4) A federal employee who desires to exercise an exception under subsection (1)(e) of this section shall obtain the written permission of the Washington state attorney general. The request for permission must include a written statement, under oath, describing the federal employee's probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient.

(5)(a) A request for permission made to the county sheriff or Washington state attorney general must contain:

(i) The name of the subject of the arrest, search, or seizure;

(ii) A clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause;

(iii) A description of specific assets, if any, to be searched for or seized;

(iv) A statement of the date and time that the arrest, search, or seizure is to occur; and

(v) The address or location where the intended arrest, search, or seizure will be attempted.

(b) The request may be in letter form, either typed or handwritten, but must be countersigned with the original signature of the county sheriff or designee of the sheriff or by the Washington state attorney general, to constitute valid permission. The permission is valid for forty-eight hours after it is signed. The sheriff or attorney general shall keep a copy of the request for permission on file.

NEW SECTION. Sec. 3. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of section 2 of this act is unlawful, and individuals involved shall be prosecuted by the county prosecuting attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The individuals involved must also be charged with any other applicable criminal offenses in Title 9 or 9A RCW.

(2) To the extent possible, the victims' rights provisions of Title 7 RCW must be extended to the victim or victims by the justice system persons and entities involved in the prosecution.

(3) The county prosecuting attorney has no discretion not to prosecute once a claim of violation of section 2 of this act has been made by the county sheriff or designee of the sheriff, and failure to abide by this mandate subjects the county prosecuting attorney to recall by the voters and to prosecution by the attorney general for official misconduct.

NEW SECTION. Sec. 4. Pursuant to the tenth amendment to the United States Constitution and this state's compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.

NEW SECTION. Sec. 5. Sections 1 through 4 of this act shall constitute a new chapter in Title 10 RCW.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.