to activate body worn cameras and dash cameras when encountering federal agents conducting immigration enforcement activities and to report such encounters to their employing agencies.
General Authority and Limited Authority Washington Peace Officers.
A general authority Washington peace officer is a fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce state criminal laws generally. A general authority Washington law enforcement agency is any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of the state, and any agency, department, or division of state government, having as its primary function the detection and apprehension of persons committing infractions or violating traffic or criminal laws in general. The Washington State Patrol and the Department of Fish and Wildlife are both general authority Washington law enforcement agencies.
A limited authority Washington peace officer is a fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible. A limited authority Washington peace officer may be a specially commissioned Washington peace officer if otherwise qualified for such status. A limited authority Washington law enforcement agency is any agency, political subdivision, or unit of local government, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating traffic or criminal laws of limited subject areas. State law provides a nonexhaustive list of limited authority law enforcement agencies, which includes:
Federal Immigration and Customs Enforcement.
The United States (US) Department of Homeland Security (DHS) was established under the Homeland Security Act in 2002. Three DHS component agencies are responsible for immigration and enforcement functions: the US Citizenship and Immigration Services, the US Immigration and Customs Enforcement, and the US Customs and Border Protection. The US Immigration and Customs Enforcement is a law enforcement agency within the DHS with responsibility primarily for immigration enforcement in the US interior. The US Customs and Border Protection enforces immigration laws at US land, air, and sea borders.
When an on-duty general authority Washington peace officer or limited authority Washington peace officer encounters an individual the peace officer has reasonable suspicion is a federal agent conducting immigration enforcement activities, the peace officer must:
When documenting and reporting such activities, the peace officer must attempt to:
The local government entity of which the peace officer is an employee or the state, when the peace officer is a state employee, must indemnify and hold harmless a peace officer for any judgment or fine levied against the peace officer in any civil or criminal proceeding arising from actions taken by the peace officer in compliance with these requirements if the action was taken in good faith while the peace officer was acting within their scope of employment.
The substitute bill, compared to the original bill:
(In support) This bill is about protection for law enforcement and for the community. State and local law enforcement officers want to protect their communities and build community trust. Constituents deserve safety. This bill aims to protect officers for their actions when they protect the community. Elements of the bill are going to change. There is support for the intent of the bill. Many law enforcement agencies provide officers with body worn cameras and dash cameras, but some smaller jurisdictions may not. People do not want the policy in the bill to become another basis for decertification.
(Opposed) None.
(Other) Some of the requirements in the bill are existing policy for the Washington State Patrol (WSP). The WSP established procedures for documenting calls for service and interaction with other governmental law enforcement agencies. The WSP policy requires the activation and use of body worn cameras and dash cameras when officers have interactions with other law enforcement agencies. The WSP works hard to ensure it follows state law and holds itself to a higher standard. Public trust requires professionalism, transparency, and accountability. There are concerns that the bill adds more reporting and other requirements for law enforcement when law enforcement is already called upon to serve a myriad of roles. There are requests to change the word "shall" in the bill to "empower and encourage" and to not weaken the indemnification language in the bill. Without the provision providing indemnification to officers, there would be strong opposition to the bill.
(In support) Representative Mary Fosse, prime sponsor; and Brenda Wiest, Teamsters117.
Ramona Brandes, Washington Defender Association and Washington Association of Criminal Defense Lawyers; Lydia Zepeda, League of Women Voters of Washington; paul benz, WA Coalition for Police Accountability; Joe Kunzler, Private Citizen and Fierce Patriot; Demi Chatters; Rafael Padilla, Washington Association of Sheriffs and Police Chiefs; and Sharon Damoff.