BP BHEAD INT S [atlas:bill]

AN ACT Relating to peace officers; amending RCW 43.101.010; adding new sections to chapter 43.101 RCW; and providing an expiration date.

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

Sec. 1. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:

When used in this chapter:

(1) The term "commission" means the Washington state criminal justice training commission.

(2) The term "boards" means the education and training standards boards, the establishment of which are authorized by this chapter.

(3) The term "criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.

(4) The term "law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.

(5) The term "correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.

(6) The term "committee" means the committee on professional conduct and responsibility for Washington state peace officers created under section 2 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

(1) The committee on professional conduct and responsibility for Washington state peace officers is established. The committee shall immediately dissolve after making its recommendations to the criminal justice training commission under section 4 of this act.

(2) The purpose of the committee is to review and recommend to the commission a model policy for the professional conduct and ethical responsibilities of Washington state peace officers.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

The committee consists of seven members appointed by the executive director of the commission and subject to approval by the commission. The committee members must represent the following groups:

(1) One must be a sheriff representing county law enforcement agencies;

(2) One must be a police chief representing city police agencies;

(3) Two must be members of the Washington state council of police officers. A peace officer who is not a member of the Washington state council of police officers may be appointed to the committee, if the officer has a rank of sergeant or below;

(4) One must be a peace officer with the Washington state patrol;

(5) One must represent the association of Washington cities; and

(6) One must represent the Washington state association of counties.

NEW SECTION. Sec. 4. A new section is added to chapter 43.101 RCW to read as follows:

By July 1, 1999, the committee shall create a model policy to be evaluated and adopted by the commission. The model policy must at a minimum ensure that peace officers:

(1) Uphold the Constitution of the United States, the Constitution of the state of Washington, and all laws enacted or established under legally constituted authority;

(2) Use proper and ethical procedures in the discharge of their official duties;

(3) Conduct their public and private lives in a way that exemplifies the integrity, trust, and morality that is demanded of the law enforcement profession;

(4) Recognize and protect individual freedoms and rights as guaranteed by law;

(5) Cooperate with other officials and organizations who are using legal and ethical means to achieve the goals and objectives of the peace officer profession;

(6) Refrain from accepting, giving, or soliciting a gratuity;

(7) Maintain the confidentiality of information available to them through any source that they use in a professional capacity;

(8) Cooperate with all laws, regulations, and policies regarding the investigation of peace officers; and

(9) Uphold all rights offered to Washington state peace officers guaranteed under the Constitution of the United States, the Constitution of the state of Washington, and applicable case law and statutes.

NEW SECTION. Sec. 5. A new section is added to chapter 43.101 RCW to read as follows:

By January 1, 2000, the commission shall:

(1) Amend or adopt the model policy and may adopt appropriate rules regarding the professional conduct and responsibility of Washington peace officers based on the model policy created by the committee; and

(2) Adopt training courses to educate peace officers about the model policy and any rules adopted by the commission resulting from the model policy.

NEW SECTION. Sec. 6. A new section is added to chapter 43.101 RCW to read as follows:

(1) By January 1, 2002, every Washington state law enforcement agency shall enact a local policy on professional conduct and responsibility that includes all of the subject areas covered in the model policy and any rules adopted by the commission.

(2) By January 1, 2002, the Washington state patrol shall enact a local policy on professional conduct and responsibility that includes all of the subject areas covered in the model policy and any rules adopted by the commission that are applicable to the Washington state patrol.

NEW SECTION. Sec. 7. Sections 2 and 3 of this act expire December 31, 1999.