FINAL BILL REPORT

SHB 1567

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.

C 234 L 11

Synopsis as Enacted

Brief Description: Requiring background investigations for peace officers and reserve officers as a condition of employment.

Sponsors: House Committee on Public Safety & Emergency Preparedness (originally sponsored by Representatives Ross, Hurst, Upthegrove, Kelley and Moscoso; by request of Criminal Justice Training Commission).

House Committee on Public Safety & Emergency Preparedness

Senate Committee on Human Services & Corrections

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, accredited 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 failed to pass the psychological exam and polygraph test.

Summary:

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 must be used to determine the applicant's suitability for employment. The background investigation must be administered by the agency that made the conditional offer of employment. The polygraph test must be administered by an experienced, accredited polygrapher in compliance with CJTC rules.

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 failed to comply with requirements regarding the background investigation, psychological exam, and polygraph test.

Votes on Final Passage:

House

98

0

Senate

49

0

(Senate amended)

House

96

0

(House concurred)

Effective:

July 22, 2011