|
Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
|
|
|
|
|
HB 1560
Brief Description: Restricting the use of the terms sheriff and sheriff's posse.
Sponsors: Representatives Lambert, Lovick, Ballasiotes, O'Brien, Mulliken, Sump and Schindler.
|
Brief Summary of Bill
$Prohibits any person, organization, association or entity from using the words ?sheriff@ or ?sheriff=s posse@ without prior permission from the county sheriff=s department or the Washington Association of Sheriff=s and Police Chiefs.
|
Hearing Date: 2/7/01
Staff: Yvonne Walker (786‑7841).
Background:
A sheriff is defined as the chief executive officer and conservator of peace of a county. The general duties of a sheriff include:
$arresting and committing to jail or prison persons who break specific laws;
$defending the county against those who endanger the public peace or safety;
$executing the process and orders of the courts of justice;
$executing warrants;
$attending the sessions of the courts of record held within the county, and obeying their lawful orders or directions; and
$keeping and preserving the peace in their respective counties.
Washington does not have a law that prohibits a person or organization from using the word ?sheriff@ or ?sheriff=s posse@ however it does have a criminal impersonation law.
A person is guilty of criminal impersonation in the first degree if the person assumes a false identity and does an act in his or her assumed character with intent to defraud another or for any other unlawful purpose; or pretends to be a representative of some person or organization or a public servant and does an act in his or her pretended capacity with intent to defraud another or for any other unlawful purpose. Criminal impersonation in the first degree is a gross misdemeanor.
A person is guilty of criminal impersonation in the second degree if the person claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer; and under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer. Criminal impersonation in the second degree is a misdemeanor.
Summary of Bill:
It is prohibited for a person, for an illegal or wrongful purpose, or an association or organization to assume or use the designation ?sheriff@ or any other title, designation, words, letters, abbreviation, sign, or card intending to indicate that they are in fact a county sheriff or deputy sheriff or associated with a county sheriff. Only persons, associations, or organizations which are a county sheriff, deputy sheriff, associated with a county sheriff, or authorized by the Washington Association of Sheriffs and Police Chiefs may use the designation ?sheriff.@
In addition, it is prohibited for any person, in an illegal or wrongful purpose, or any group, entity, or association to use the term ?sheriff's posse@ or in any other way represent themselves as a ?sheriff's posse@ on any document, publication, brochure, pamphlet, sign, poster, or other written material or placard, including on a computer network web site, bulletin board, or chat room. Only a person, group, entity, or association that has the signed written consent from the county sheriff to use the term or represent themselves as a sheriff's posse may use the term ?sheriff=s posse.@
Appropriation: None.
Fiscal Note: Not Requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.