Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Public Safety & Emergency Preparedness Committee |
HB 2768
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Requiring background investigations for peace officers and reserve officers as a condition of employment.
Sponsors: Representatives Ross, O'Brien, Hurst, Ericks, Wallace, Kelley, Upthegrove and Simpson; by request of Criminal Justice Training Commission.
Brief Summary of Bill |
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Hearing Date: 1/29/10
Staff: Alexa Silver (786-7190).
Background:
The Criminal Justice Training Commission (CJTC) provides basic corrections training, law enforcement training, and educational programs for criminal justice personnel, including commissioned officers, corrections officers, fire marshals, and prosecuting attorneys.
An applicant offered a conditional offer of employment as a peace officer or reserve officer must pass a psychological exam and a polygraph test as a condition of continuing employment. The tests must be administered by the hiring county, city, or state law enforcement agency. The psychological exam must be administered by a Washington licensed psychiatrist or psychologist, and the polygraph test must be administered by an experienced polygrapher.
The CJTC is authorized to receive criminal history record information that includes non-conviction data for employment by the CJTC or for certification of peace officers.
Under certain circumstances, the CJTC may deny or revoke certification of a peace officer. The CJTC must deny certification to an officer who has lost certification as a result of a break in law enforcement work of more than two years if the officer has failed to pass the psychological exam and polygraph test.
Summary of Bill:
An applicant offered a conditional offer of employment as a peace officer or reserve officer must submit to a background investigation, including a check of criminal history, as a condition of continuing employment. The results of the background investigation will be used to determine the applicant's suitability. The background investigation is administered by the agency that makes the conditional offer of employment.
The polygraph test must be administered by an experienced polygraph examiner who is in compliance with standards established by the CJTC.
The CJTC must deny certification to an officer who has lost certification as a result of a break in law enforcement work of more than two years if the officer has failed to comply with requirements regarding the background investigation, psychological exam, and polygraph test.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.