As used in this chapter, the
following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "General authority Washington law enforcement agency"
means any agency, department, or division of a municipal
corporation, political subdivision, or other unit of local
government of this 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
the traffic or criminal laws in general, as distinguished from a
limited authority Washington law enforcement agency, and any
other unit of government expressly designated by statute as a
general authority Washington law enforcement agency. The
Washington state patrol and the department of fish and wildlife
are general authority Washington law enforcement agencies.
(2) "Limited authority Washington law enforcement agency"
means any agency, political subdivision, or unit of local
government of this state, 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 the traffic or criminal laws relating to limited
subject areas, including but not limited to, the state
departments of natural resources and social and health services,
the state gambling commission, the state lottery commission, the
state parks and recreation commission, the state utilities and
transportation commission, the state liquor control board, the
office of the insurance commissioner, and the state department of
corrections.
(3) "General authority Washington peace officer" means any
full-time, fully compensated and elected, appointed, or employed
officer of a general authority Washington law enforcement agency
who is commissioned to enforce the criminal laws of the state of
Washington generally.
(4) "Limited authority Washington peace officer" means any
full-time, 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 under this chapter.
(5) "Specially commissioned Washington peace officer", for
the purposes of this chapter, means any officer, whether
part-time or full-time, compensated or not, commissioned by a
general authority Washington law enforcement agency to enforce
some or all of the criminal laws of the state of Washington, who
does not qualify under this chapter as a general authority
Washington peace officer for that commissioning agency,
specifically including reserve peace officers, and specially
commissioned full-time, fully compensated peace officers duly
commissioned by the states of Oregon or Idaho or any such peace
officer commissioned by a unit of local government of Oregon or
Idaho. A reserve peace officer is an individual who is an
officer of a Washington law enforcement agency who does not serve
such agency on a full-time basis but who, when called by the
agency into active service, is fully commissioned on the same
basis as full-time peace officers to enforce the criminal laws of
the state.
(6) "Federal peace officer" means any employee or agent of
the United States government who has the authority to carry
firearms and make warrantless arrests and whose duties involve
the enforcement of criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a
city or town police agency which has responsibility for police
activity within its boundaries; or a county police or sheriff's
department which has responsibility with regard to police
activity in the unincorporated areas within the county
boundaries; or a statutorily authorized port district police
agency or four-year state college or university police agency
which has responsibility for police activity within the
statutorily authorized enforcement boundaries of the port
district, state college, or university.
(8) "Primary commissioning agency" means (a) the employing
agency in the case of a general authority Washington peace
officer, a limited authority Washington peace officer, an Indian
tribal peace officer, or a federal peace officer, and (b) the
commissioning agency in the case of a specially commissioned
Washington peace officer (i) who is performing functions within
the course and scope of the special commission and (ii) who is
not also a general authority Washington peace officer, a limited
authority Washington peace officer, an Indian tribal peace
officer, or a federal peace officer.
(9) "Primary function of an agency" means that function to
which greater than fifty percent of the agency's resources are
allocated.
(10) "Mutual law enforcement assistance" includes, but is
not limited to, one or more law enforcement agencies aiding or
assisting one or more other such agencies through loans or
exchanges of personnel or of material resources, for law
enforcement purposes.
[2006 c 284 § 16; 2002 c 128 § 1; 1994 c 264 § 3; 1988 c 36 § 5; 1985 c 89 § 2.]
NOTES:
Severability -- Effective date -- 2006 c 284: See RCW 48.135.900 and 48.135.901.