AN ACT Relating to modifying the restrictions on the use and acquisition of certain equipment by law enforcement agencies; amending RCW 10.116.040; and declaring an emergency.

(1) A law enforcement agency may not acquire or use any ((military))prohibited equipment. Any law enforcement agency in possession of ((military))prohibited equipment as of July 25, 2021, shall return ((the equipment to the federal agency from which it was acquired, if applicable, or)), destroy, or otherwise dispose of the equipment by December 31, 2022.

(2)(((a) Each law enforcement agency shall compile an inventory of military equipment possessed by the agency, including the proposed use of the equipment, estimated number of times the equipment has been used in the prior year, and whether such use is necessary for the operation and safety of the agency or some other public safety purpose. The agency shall provide the inventory to the Washington association of sheriffs and police chiefs no later than November 1, 2021.

(b) The Washington association of sheriffs and police chiefs shall summarize the inventory information from each law enforcement agency and provide a report to the governor and the appropriate committees of the legislature no later than December 31, 2021.

(a) (("Military equipment" means firearms and ammunition of .50 caliber or greater, machine guns, armed helicopters, armed or armored drones, armed vessels, armed vehicles, armed aircraft, tanks, long range acoustic hailing devices, rockets, rocket launchers, bayonets, grenades, missiles, directed energy systems, and electromagnetic spectrum weapons.

(b))) "Grenade" refers to any explosive grenade designed to injure or kill subjects, such as a fragmentation grenade or antitank grenade, or any incendiary grenade designed to produce intense heat or fire. "Grenade" does not include other nonexplosive grenades designed to temporarily incapacitate or disorient subjects without causing permanent injury, such as a stun grenade, sting grenade, smoke grenade, tear gas grenade, or blast ball.

(b) "Machine gun" has the same meaning as defined in RCW 9.41.010. A firearm that was previously a "machine gun" that has since been permanently modified to no longer meet the capabilities of a "machine gun" as defined in RCW 9.41.010 shall not be considered a "machine gun."

(c) "Prohibited equipment" means rifles of .50 caliber or greater, machine guns, armed helicopters, armed or armored drones, armed vessels, armed vehicles, armed aircraft, tanks, long range acoustic hailing devices, rockets, rocket launchers, bayonets, grenades, missiles, directed energy systems, and electromagnetic spectrum weapons.

(d) "Rifle" has the same meaning as provided under RCW 9.41.010, except "rifle" does not refer to any device designed or used to deploy less lethal equipment.

(4) This section does not prohibit a law enforcement agency from participating in a federal military equipment surplus program, provided that any equipment acquired through the program does not constitute ((military))prohibited equipment. This may include, for example: Medical supplies; hospital and health care equipment; office supplies, furniture, and equipment; school supplies; warehousing equipment; unarmed vehicles and vessels; conducted energy weapons; public address systems; scientific equipment; and protective gear and weather gear.

NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.