1369-S.E AMS LAW S2391.1
ESHB 1369 - S COMM AMD
By Committee on Law & Justice
ADOPTED 04/11/2023
Strike everything after the enacting clause and insert the following:
"NEW SECTION.  Sec. 1. A new section is added to chapter 77.15 RCW to read as follows:
Washington fish and wildlife officers may engage in private law enforcement off-duty employment, in uniform or in plainclothes for private benefit, subject to guidelines adopted by the chief of fish and wildlife enforcement. These guidelines must ensure that the integrity and professionalism of the Washington fish and wildlife enforcement is preserved. Use of Washington fish and wildlife officer's uniforms shall be considered de minimis use of state property. For any employment authorized under this section that occurs on reservation, trust, or allotted lands of a federally-recognized Indian tribe, a Washington fish and wildlife officer must have taken the violence de-escalation and mental health training provided by the criminal justice training commission, including the curriculum of the history of police interactions with Native American communities; and the private employer must have obtained permission from the affected federally recognized Indian tribe.
NEW SECTION.  Sec. 2. A new section is added to chapter 4.92 RCW to read as follows:
(1) The state is not liable for tortious conduct by department of fish and wildlife officers that occurs while such officers are engaged in private law enforcement off-duty employment.
(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be dismissed.
(3) Department of fish and wildlife officers engaged in private law enforcement off-duty employment shall notify, in writing, prior to such employment, anyone who employs department of fish and wildlife officers in private off-duty employment of the specific provisions of subsections (1) and (2) of this section."
ESHB 1369 - S COMM AMD
By Committee on Law & Justice
ADOPTED 04/11/2023
On page 1, line 2 of the title, after "officers;" strike the remainder of the title and insert "adding a new section to chapter 77.15 RCW; and adding a new section to chapter 4.92 RCW."
EFFECT: Requires the private employer to obtain permission from the affected federally recognized Indian tribe.
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