Key Public Safety Laws from the 2026 Legislative Session

The Washington State Legislature’s regular 2026 session saw the passage of several bills related to public safety. This blog summarizes these bills and their new requirements for law enforcement and other public safety agencies. All legislation is already in effect unless noted otherwise.

SB 5855: Prohibiting Facial Coverings in Law Enforcement

SB 5855 prohibits law enforcement officers (LEOs) from wearing facial coverings when interacting with the public while performing official duties.

The law defines LEOs as Washington peace officers and federal criminal, customs, or immigration officers who are authorized to carry firearms and make warrantless arrests. The law will be added as a new section in RCW 10.116 when codified.

SB 5855 defines “facial coverings” as items that conceal or obscure an officer’s facial identity, but the definition excludes the following:

• N95 medical masks or surgical masks worn to protect against disease or infection;
• Any mask or device necessary to protect the wearer from toxin, gas, smoke, or other hazardous environmental exposures;
• Helmets worn for head protection during vehicle transportation; and
• Head or face coverings worn for religious purposes.

The law makes exceptions for SWAT officers wearing facial coverings in active undercover operations and for personal protective equipment worn as required or allowed by OSHA (29 U.S.C. §651, et seq.) or WISHA (RCW 49.17).

Persons detained by officers in violation of this new law can bring a civil action against the officer in their official capacity to recover damages that can include punitive damages and attorney’s fees.

However, officers cannot be liable if they are ultimately “reasonably identifiable” as an officer during a detention in accordance with RCW 10.116.050 (i.e., if the officer’s “uniform clearly displays their name or other information” that the public can see and the agency can use to identify them).

SB 5974: Amending Qualifications for Law Enforcement Leadership and Personnel

SB 5974 changes the eligibility qualifications for voter-elected local police leaders by establishing uniform citizenship, age, education, and background qualifications for candidates running for county sheriff, city police chief, or town marshal.

SB 5974 expressly requires these law enforcement leaders to also comply with RCW 43.101 police officer certification requirements and makes loss of certification or decertification grounds for vacancy of an incumbent’s office.

Sheriffs from several counties filed a lawsuit challenging this aspect of the legislation. The court issued a preliminary injunction blocking enforcement of these requirements in the bill while the lawsuit proceeds.

SB 5974 also imposes the following new work restrictions for law enforcement volunteers and youth cadets:

• On and after January 1, 2027, these personnel must complete peace officer training and maintain certification from the Washington State Criminal Justice Training Commission (CTJC) to perform certain law enforcement activities, including (among others) engaging in pursuits, detaining, or arresting subjects, using force, or carrying firearms or other weapons. Importantly, the volunteer firearms restriction doesn’t apply to retired law enforcement volunteers qualified under 18 U.S.C. §926C.
• Law enforcement agencies employing volunteers or youth cadets must adopt policies by January 1, 2027, that set forth the authority and permissible roles for these positions.

The sheriff’s litigation does not challenge the new work restrictions listed above. These restrictions will go into effect regardless of the litigation’s outcome.

HB 2508: Expanded Investigative Authority for the Office of Independent Investigations

The legislature created the Office of Independent Investigations (OII) in 2021 to independently investigate law enforcement uses of force and other incidents. HB 2508 amends RCW 43.102.080 to expand OII investigative authority in two ways.

First, the OII can now investigate any police use of force that directly or indirectly causes or contributes to a death and not just police uses of “deadly force” as defined in RCW 9A.16.010(2). The bill also requires the involved officer’s agency to notify the OII when there is “good reason to believe” that the officer’s use of force may have caused or contributed to a death.

Second, RCW 43.102.080 previously limited OII investigations to police force incidents occurring after July 1, 2022. HB 2508 broadens OII investigative authority by removing that incident date restriction.

HB 2508 also includes the following new investigative records provisions:

• The OII can now legally access investigation-related fire department and ambulance reports and information in addition to information from law enforcement agencies.
• New public records act (PRA) exemptions for active OII investigations not yet referred to a prosecutor for criminal charges and for OII records implicating an individual’s right to privacy in RCW 42.56.050 have been added.

SB 6002: Adopting Restrictions on Automated License Plate Readers

SB 6002 imposes Washington’s first automated license plate reader (ALPR) restrictions. The following blogs offer guidance about the bill and its impact on ALPR use by Washington public agencies:

• What to Know About the New Restrictions on Flock and Similar Camera Systems
• Closing the Blinds: New Public Records Act Exemption Limits Disclosure of ALPR Data

HB 1909: Establishing a Court Unification Task Force

Washington’s court system is currently comprised of numerous state and local courts that can each have different rules, local practices, funding levels, and technological capabilities.

HB 1909 establishes a court unification task force that will study the state’s current court system and report on potential statewide court efficiency and uniformity improvements to the legislature and the state’s Interbranch Advisory Committee. The task force’s recommendations could affect operation and practices in superior, district, and municipal courts across the state.

The task force will have 37 voting members with various connections to the judicial system, and it must complete its work by December 31, 2029.

HB 2178: Changing Certain Civil Infractions Procedures

HB 2178 changes several civil infraction procedures in chapter 7.80 RCW:

• Instead of just 15 days, cited defendants now have 30 days to respond to a civil infraction notice (or 33 days, if cited by mail).
• Citing officers now have 5 court days to file issued notices of civil infraction in court to avoid dismissal. (Previously, the filing deadline was 48 hours from issuance).

RCW 7.80.120 is amended to give infraction defendants payment plan options for assessed court fines.

These changes bring chapter 7.80 RCW civil infraction procedures in line with the traffic infraction procedures in chapter 46.63 RCW and IRLJ 2.2 and 2.4.

SB 5068: Expanding Legal Work Eligibility for Certain Public Safety Positions

SB 5068 expands legal work eligibility for deputy county prosecutors and corrections employees (which are defined as positions that primarily “provide for the custody, safety, and security of adult persons in state correctional facilities or local jails”).

Agencies seeking to fill these positions can now consider applicants authorized to work in the U.S. under federal law, in addition to U.S. citizens. Agencies considering such applicants must still verify the applicant’s U.S. work eligibility in accordance with 8 C.F.R. §274a.2.

SB 5068 also amends RCW 43.101.095 to provide that a weapons possession prohibition under federal law is no longer a basis to deny or revoke a police officer’s CJTC certification if the prohibition is based solely on the officer’s immigration status.

Conclusion

Agencies impacted by these changes should work with their legal advisors to review the legislation and proactively update policies, training, and procedures to ensure full compliance with the new legal landscape.