ENGROSSED HOUSE BILL 2156

ByRepresentatives Obras, Goodman, Leavitt, Reed, Zahn, Thomas, Gregerson, Ormsby, Reeves, Thai, Macri, Fosse, and Salahuddin; by request of Attorney General

AN ACT Relating to the authority of investigators of the attorney general's office; and adding a new section to chapter 43.10 RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 43.10 RCW to read as follows:

(1) The attorney general shall designate investigator positions that are limited authority Washington peace officers as defined in RCW 10.93.020.

(2) An investigator designated as a limited authority Washington peace officer may investigate economic and financial crimes.

(3) The authority of an investigator in this section does not include the power to detain or arrest, and an investigator shall not be armed.

(4) The authority of an investigator in this section to serve search warrants is limited to electronic service on a business after the search warrant is approved by a judicial officer. An investigator must attest that the investigator has read the Fourth Amendment of the United States Constitution prior to each application for a warrant under this section. An investigator shall not physically serve a search warrant for business records.

(5) An investigator who is a limited authority Washington peace officer under this section is subject to the relevant training requirements in chapter 43.101 RCW.

(6) An investigator who is a limited authority Washington peace officer under this section is subject to the background check, personnel file release, and criminal history record check in RCW 43.101.095.

(7) The attorney general shall not employ any person as a limited authority Washington peace officer investigator if that person's history or conduct meets the standards requiring denial, suspension, or revocation of an officer's certification under RCW 43.101.105.

(8) The investigative authority or criminal jurisdiction of any other law enforcement agency is not modified by this section.

(9)(a) For the purposes of this section, "investigator" means an employee of the office of the attorney general whose job responsibilities include investigation of a suspected economic or financial crime. "Investigator" does not include office of the attorney general personnel identified in RCW 74.67.010.

(b) For the purposes of this section, "economic and financial crimes" are those crimes that violate laws applicable to the department of revenue of the state of Washington, the department of labor and industries, and the office of the insurance commissioner; and any felony offense involving fraudulent use of property for financial gain, including but not limited to, offenses under chapters 9A.56, 9A.60, 9A.82, or 21.20 RCW or RCW 9.35.020, 74.34.020, or 42.20.070. An "economic and financial crime" does not include civil or administrative violations; actions brought under chapter 19.86 RCW; regulatory, licensing, tax, labor, campaign finance, or environmental violations; or offenses where financial loss is incidental and not a primary element of the crimes, unless the violation is independently chargeable as a felony offense.

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