S-2048               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 3185

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senate Committee on Natural Resources (originally sponsored by Senators Owen, Conner and Talmadge)

Read first time 2/20/85.

AN ACT Relating to law enforcement by wildlife agents and fisheries patrol officers; and amending RCW 75.10.010 and 77.12.055.

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

        Sec. 1.  Section 75.08.150, chapter 12, Laws of 1955 as last amended by section 32, chapter 46, Laws of 1983 1st ex. sess. and RCW 75.10.010 are each amended to read as follows:

(1) Fisheries patrol officers and ex officio fisheries patrol officers within their respective jurisdictions, shall enforce this title, rules of the director, and other statutes as prescribed by the legislature.

(2) When enforcing this title, or any rule adopted under this title, a fisheries patrol officer who observes a criminal offense may enforce all criminal laws of this state, if the fisheries patrol officer has successfully completed the basic law enforcement academy course sponsored or conducted by the Washington state criminal justice training commission, or a similar course approved by the criminal justice training commission, or if the officer has been deputized by a sheriff to enforce the criminal laws of the state within that jurisdiction.

(3) Fisheries patrol officers may serve and execute warrants and process issued by the courts.

(4) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a fisheries patrol officer rests with the fisheries department unless the fisheries patrol officer acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the fisheries department and another agency.

(5) The department shall coordinate its law enforcement activities with other law enforcement agencies to achieve maximum benefit to the citizens of this state.

        Sec. 2.  Section 17, chapter 78, Laws of 1980 and RCW 77.12.055 are each amended to read as follows:

(1) Except as otherwise provided in this section, jurisdiction and authority granted under RCW 77.12.060, 77.12.070, and 77.12.080 to the director, wildlife agents, and ex officio wildlife agents is limited to the laws and rules of the commission pertaining to wildlife or to the management, operation, maintenance, or use of or conduct on real property used, owned, leased, or controlled by the department and other statutes as prescribed by the legislature.

(2) When enforcing this title, or any rule adopted under this title, a wildlife agent who observes a criminal offense may enforce all criminal laws of this state, if the wildlife agent has successfully completed a supplemental course in criminal law enforcement as approved by the department and the Washington state criminal justice training commission and provided by the department or the criminal justice training commission, or if the officer has been deputized by a sheriff to enforce the criminal laws of the state within that jurisdiction.

(3) Wildlife agents are peace officers.

(4) Wildlife agents may serve and execute warrants and process issued by the courts.

(5) Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by a wildlife agent rests with the game department unless the wildlife agent acts under the direction and control of another agency or unless the liability is otherwise assumed under a written agreement between the game department and another agency.

(6) The department shall coordinate its law enforcement activities with other law enforcement agencies to achieve maximum benefit to the citizens of this state.