1399-S2 AMH BURN LANG 118

2SHB 1399 - H AMD TO H AMD (H-1916.2/25) 768

By Representative Burnett

On page 22, after line 13 of the striking amendment, insert the following:

"Sec. 17. RCW 43.101.390 and 2021 c 323 s 16 are each amended to read as follows:

(1) The commission and individuals acting on behalf of the commission are immune from suit in any civil ((or criminal)) action contesting or based upon proceedings or other official acts performed in the course of their duties in the administration and enforcement of this chapter.

(2) Without limiting the generality of the foregoing, the commission and individuals acting on behalf of the commission are immune from suit in any civil action based on the certification, denial of certification, suspension, or other action regarding decertification of peace officers, reserve officers, or corrections officers.

(3) Nothing in this section shall be interpreted to convey any immunity to the commission or individuals acting on behalf of the commission where the commission or individuals acting on behalf of the commission are alleged to have:

(a) Violated the United States Constitution, the Washington state Constitution, or a constitutional right;

(b) Infringed upon an individually-held right; or

(c) Committed an act or omission that harmed a person based on a protected class or status."

Renumber the remaining sections consecutively and correct any internal references accordingly.

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