(1) A person seeking appointment to the office of chief of police or marshal in any city or town is eligible for appointment, holding office, and remaining in that office only if that person:
(a) Is a citizen of the United States of America;
(b) Is at least 25 years old;
(c) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;
(d) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a felony;
(e) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a gross misdemeanor unless the conviction has been vacated;
(f) Has not engaged and does not engage in conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2);
(g) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;
(h) Has completed at least five years of regular, full-time law enforcement employment involving enforcement responsibilities with a government law enforcement agency, as defined in subsection (4) of this section;
(i) Within nine months of assuming office, unless otherwise extended by the criminal justice training commission, has obtained certification, thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission, and has never had their certification denied, revoked, or voluntarily surrendered, and not reinstated, by any other state; and
(j) Except as provided in subsection (3) of this section, has completed a background check that verifies that the person has met the eligibility requirements in (a) through (i) of this subsection.
(i) The background check verifying eligibility must be completed by the appointing authority no earlier than six months prior to the date of appointment. The appointing authority must submit confirmation to the criminal justice training commission that the background check verified that the person meets the eligibility requirements. Such confirmation is a public record.
(ii) The appointing authority is responsible for any cost associated with the background check.
(2) A person seeking appointment to the office of chief of police or marshal shall provide a sworn statement under penalty of perjury to the appointing authority stating that the person meets the requirements of this section.
(3) The requirement of five years of experience with a government law enforcement agency and the age requirement in subsection (1) of this section do not apply to any person who is holding the office of chief of police or marshal as of April 30, 2026, unless the person seeks appointment to a different office of chief of police or town marshal. All other eligibility requirements apply as of April 30, 2026.
(4) For the purposes of this section, "government law enforcement agency" means a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020, or a state or federal governmental agency that is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of, any person for any violation of law.
Notes:
Findings—Intent—2026 c 258: "The legislature finds that certain laws governing the eligibility requirements, duties, and responsibilities of sheriffs, police chiefs, and town marshals should be updated and revised to reflect best practices, and to ensure that local law enforcement leaders, whether sheriffs, police chiefs, or town marshals, whether appointed or elected, and whether partisan or nonpartisan, are subject to the same eligibility requirements and standards. For sheriffs, the legislature is authorized to prescribe eligibility requirements. However, other than the eligibility requirements for any elected official, the only requirement for sheriffs in existing law is completion of academy training within 12 months of being elected, and this requirement applies only to persons who have been elected to the office, and not to appointed sheriffs. The legislature may also prescribe eligibility requirements for police chiefs and town marshals, but those requirements have not been updated since 1987. The existing requirements do not include elements such as a minimum age requirement or a prohibition on misconduct that would require denial or revocation of certification. The background check requirement for appointment as a police chief or town marshal has also not been updated in many years, and there is no required background check before appointment or election as a sheriff. The legislature finds that the state Constitution requires it to provide for the duties of elected officials, including sheriffs, for whom duties were first prescribed by the legislature in 1854, but existing law is in part outdated and inconsistent with current values and practices.
For example, there is a need to clarify and reinforce state law that a primary duty of sheriffs, in addition to upholding the United States Constitution, is to uphold and enforce the Washington state Constitution and laws, as enacted by the legislature and interpreted by the Washington supreme court, so as to align state law with the Washington supreme court's ruling in In re Recall of Fortney, 196 Wn.2d 766 (2021).
All persons who serve in law enforcement must maintain peace officer certification, but state law could be clearer regarding what must occur when a sheriff, police chief, or town marshal has their certification revoked, to ensure that the law reflects the same standards of strong accountability for all ranks. By enacting updated, clear, and consistent requirements and standards for all law enforcement leaders, the legislature intends to enhance the effectiveness, professionalism, and accountability of law enforcement leaders, promote public trust and confidence in law enforcement, and increase community safety.
The legislature also finds that these goals can best be met by ensuring the updated standards, requirements, and duties are in effect prior to the filing deadline for 2026 elections, which will include elections for 35 sheriffs.
The legislature further finds that the provision in existing law that authorizes sheriffs to "call to their aid such persons, or power of their county as they may deem necessary" has been interpreted by some as authorizing volunteers to enforce criminal laws or civil immigration laws, engage in pursuits, detain or arrest, or use force, without the training and certification required of law enforcement officers and without accountability in the event of misconduct. Volunteers and youth cadets, if used by sheriffs, police chiefs, or town marshals to assist with agency needs, should be limited to the types of roles as enumerated below that do not include this kind of authority, unless the person has completed peace officer training and maintained certification requirements.
Because of this, the legislature also finds that as part of modernizing the duties and responsibilities of law enforcement leaders, there is a need for sheriffs, police chiefs, and town marshals to establish in policy and local law best practices and safeguards for their use of personnel who are not certified peace officers. To do so, law enforcement agencies must have policies, and local jurisdictions must have ordinances, that require the supervision of volunteers, youth cadets, and specially commissioned officers. The policies and ordinances must also circumscribe the use of uniforms, badges, and face coverings by specially commissioned officers, volunteers, and youth cadets, so that members of the public and others can readily distinguish them from peace officers; require appropriate training for any specially commissioned officers and youth cadets authorized to use firearms or other weapons; and prescribe permissible roles for volunteers, which may include, but are not limited to, roles such as technical and administrative support; bicycle recovery; community crime prevention coordination; vehicle maintenance; helping with search and rescue; serving as faith leaders; helping with transport, parking enforcement, and traffic management; assisting with parks and recreation; assisting with animal control and caring for domestic animals, but not using dogs to track people or animals other than for search and rescue, and not using dogs to apprehend, or bite people or animals; and engaging in other public safety-related community service, education, and outreach work.
Finally, the legislature finds that the 1894 chapter in state law regarding use of "police matrons" by police chiefs and town marshals is antiquated and should be repealed." [ 2026 c 258 s 1.]
Effective date—2026 c 258: "Except for sections 6, 7, and 10 of this act, 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 April 30, 2026." [ 2026 c 258 s 20.]
Intent—1987 c 339: "The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for a city or town.
The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and resources have evolved both socially and technically. In addition the ever-changing requirements of law, both constitutional and statutory provisions protecting the individual and imposing responsibilities and legal liabilities of law enforcement officers and the government of which they represent, require an increased level of training and experience in the field of law enforcement.
The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or marshal, and that such requirements are in the public interest." [ 1987 c 339 s 3.]
Severability—1987 c 339: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 339 s 8.]
Effective date—1987 c 339: "This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [ 1987 c 339 s 9.]