House Bill 2351 - Protecting Emergency Responders and Emergency Response Operations (Washington, 2026)

Summary

House Bill 2351, State of Washington, 69th Legislature, 2026 Regular Session, by Representatives Parshley, Ryu, Wylie, and others, prefiled 01/09/26, read first time 01/12/26 and referred to the Committee on Technology, Economic Development, & Veterans. The bill is an act relating to protecting emergency responders and emergency response operations in Washington, amending RCW 9A.76.020 and prescribing penalties. Its first section states legislative findings about interference with emergency responders, and its second section changes the offense of obstructing a law enforcement officer to obstructing an emergency responder, a gross misdemeanor.

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Full text

     H-2744.2

                                HOUSE BILL 2351


     State of Washington       69th Legislature       2026 Regular Session

     By Representatives Parshley, Ryu, Wylie, Lekanoff, Mena, Stearns,
     Callan, Reed, Cortes, Nance, Zahn, Taylor, Doglio, Ormsby, Reeves,
     Macri, Fosse, Salahuddin, Thai, Pollet, and Donaghy

     Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
     on Technology, Economic Development, & Veterans.




1        AN ACT Relating to protecting emergency responders and emergency
2    response operations in Washington; amending RCW 9A.76.020; adding a
3    new section to chapter 35.21 RCW; adding a new section to chapter
4    36.01 RCW; adding new sections to chapter 38.52 RCW; creating new
5    sections; and prescribing penalties.


6    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 7       NEW SECTION.     Sec. 1.      The legislature finds that undue
 8   interference with emergency responders working to mitigate an ongoing
 9   emergency or disaster can obstruct emergency response operations and
10   endanger the lives and property of the residents of Washington. It is
11   the intent of the legislature to preserve the integrity of emergency
12   response operations, protect the rights and safety of all emergency
13   responders, and to ensure due process of law throughout the state.


14       Sec. 2.   RCW 9A.76.020 and 2001 c 308 s 3 are each amended to
15   read as follows:
16       (1) A person is guilty of obstructing ((a law enforcement
17   officer)) an emergency responder if the person willfully hinders,
18   delays, or obstructs any ((law enforcement officer)) emergency
19   responder in the discharge of his or her official powers or duties if
20   the emergency responder is in uniform, announces he or she is an
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 1   emergency responder, or a reasonable person would understand based on
 2   the totality of the circumstances that he or she is an emergency
 3   responder.
 4       (2) (("Law enforcement officer" means any general authority,
 5   limited authority, or specially commissioned Washington peace officer
 6   or federal peace officer as those terms are defined in RCW 10.93.020,
 7   and other public officers who are responsible for enforcement of
 8   fire, building, zoning, and life and safety codes.
 9       (3))) Obstructing ((a law enforcement officer)) an emergency
10   responder is a gross misdemeanor.
11       (3) Nothing in this section shall be construed to prohibit:
12       (a) Activity protected under the Constitution of the United
13   States or the Washington state Constitution; or
14       (b) Activity undertaken by a law enforcement officer for an
15   authorized and lawful purpose.
16       (4) The definitions in this subsection apply throughout this
17   section unless the context clearly requires otherwise.
18       (a) "Emergency responder" means:
19       (i) Any general authority, limited authority, or specially
20   commissioned Washington peace officer or federal peace officer as
21   those terms are defined in RCW 10.93.020, and other public officers
22   who are responsible for enforcement of fire, building, zoning, and
23   life and safety codes;
24       (ii) Any employee or agent of a government agency or private
25   corporation that provides firefighting, fire response, fire control,
26   or fire suppression services, who is responding to or engaged in an
27   active fire or rescue incident;
28       (iii) Any employee or agent of a government agency or private
29   corporation that provides emergency medical transportation, care, or
30   services, who is responding to or engaged in an active medical
31   emergency incident;
32       (iv) Any emergency worker as that term is defined in RCW
33   38.52.010; or
34       (v) Any emergency responder as that term is defined in RCW
35   24.60.010.
36       (b) "Law enforcement officer" means any general authority,
37   limited authority, or specially commissioned Washington peace officer
38   or federal peace officer as those terms are defined in RCW 10.93.020.



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 1       NEW SECTION.   Sec. 3.   A new section is added to chapter 35.21
 2   RCW to read as follows:
 3       (1) Except as provided in subsection (3) of this section, no
 4   agency of any city or town, including unclassified cities or towns,
 5   including law enforcement, may use agency funds, facilities,
 6   property, equipment, or personnel to investigate, enforce, cooperate
 7   with, or assist in the investigation or enforcement of any federal
 8   registration or surveillance programs or any other laws, rules, or
 9   policies that target any emergency responder who resides or works in
10   Washington, solely on the basis of race, religion, immigration, or
11   citizenship status, or national or ethnic origin. This subsection
12   does not apply to any program with the primary purpose of providing
13   persons with services or benefits, or to RCW 9.94A.685.
14       (2) Except as provided in subsection (3) of this section, all
15   agencies of cities or towns including unclassified cities or towns
16   shall review their policies and identify and make any changes
17   necessary to ensure that:
18       (a) Information collected from emergency responders is limited to
19   the minimum necessary to comply with subsection (3) of this section;
20       (b) Information collected from emergency responders is not
21   disclosed except as necessary to comply with subsection (3) of this
22   section or as permitted by state or federal law;
23       (c) Agency employees may not condition services or request
24   information or proof regarding an emergency responder's immigration
25   status, citizenship status, or place of birth; and
26       (d) Public services are available to, and agency employees shall
27   serve, all emergency responders who reside or work in Washington
28   without regard to immigration or citizenship status.
29       (3) Nothing in subsection (1) or (2) of this section prohibits
30   the collection, use, or disclosure of information that is:
31       (a) Required to comply with state or federal law;
32       (b) In response to a lawfully issued court order;
33       (c) Necessary to perform agency duties, functions, or other
34   business, as permitted by statute or rule, conducted by the agency
35   that is not related to immigration enforcement;
36       (d) Required to comply with policies, grants, waivers, or other
37   requirements necessary to maintain funding; or
38       (e) In the form of deidentified or aggregated data, including
39   census data.


                                     p. 3                          HB 2351
 1       (4) Any changes to agency policies required by this section must
 2   be made as expeditiously as possible, consistent with agency
 3   procedures. Final policies must be published.
 4       (5) Agencies of cities or towns including unclassified cities or
 5   towns shall begin implementation of this section no later than
 6   January 1, 2027, and must demonstrate full compliance by January 1,
 7   2028.
 8       (6) For the purpose of this section, "emergency responder" has
 9   the same meaning as in RCW 9A.76.020.
10       (7) This section applies to all agencies of cities or towns
11   including unclassified cities or towns operating or existing in
12   Washington on or after January 1, 2027.

13       NEW SECTION.   Sec. 4.   A new section is added to chapter 36.01
14   RCW to read as follows:
15       (1) Except as provided in subsection (3) of this section, no
16   agency of any county, including law enforcement, may use agency
17   funds, facilities, property, equipment, or personnel to investigate,
18   enforce, cooperate with, or assist in the investigation or
19   enforcement of any federal registration or surveillance programs or
20   any other laws, rules, or policies that target any emergency
21   responder who resides or works in Washington, solely on the basis of
22   race, religion, immigration, or citizenship status, or national or
23   ethnic origin. This subsection does not apply to any program with the
24   primary purpose of providing persons with services or benefits, or to
25   RCW 9.94A.685.
26       (2) Except as provided in subsection (3) of this section, all
27   agencies of counties shall review their policies and identify and
28   make any changes necessary to ensure that:
29       (a) Information collected from emergency responders is limited to
30   the minimum necessary to comply with subsection (3) of this section;
31       (b) Information collected from emergency responders is not
32   disclosed except as necessary to comply with subsection (3) of this
33   section or as permitted by state or federal law;
34       (c) Agency employees may not condition services or request
35   information or proof regarding an emergency responder's immigration
36   status, citizenship status, or place of birth; and
37       (d) Public services are available to, and agency employees shall
38   serve, all emergency responders who reside or work in Washington
39   without regard to immigration or citizenship status.
                                     p. 4                          HB 2351
 1       (3) Nothing in subsection (1) or (2) of this section prohibits
 2   the collection, use, or disclosure of information that is:
 3       (a) Required to comply with state or federal law;
 4       (b) In response to a lawfully issued court order;
 5       (c) Necessary to perform agency duties, functions, or other
 6   business, as permitted by statute or rule, conducted by the agency
 7   that is not related to immigration enforcement;
 8       (d) Required to comply with policies, grants, waivers, or other
 9   requirements necessary to maintain funding; or
10       (e) In the form of deidentified or aggregated data, including
11   census data.
12       (4) Any changes to agency policies required by this section must
13   be made as expeditiously as possible, consistent with agency
14   procedures. Final policies must be published.
15       (5) Agencies of counties shall begin implementation of this
16   section no later than January 1, 2027, and must demonstrate full
17   compliance by January 1, 2028.
18       (6) For the purpose of this section, "emergency responder" has
19   the same meaning as in RCW 9A.76.020.
20       (7) This section applies to all agencies of counties operating or
21   existing in Washington on or after January 1, 2027.


22       NEW SECTION.   Sec. 5.   A new section is added to chapter 38.52
23   RCW to read as follows:
24       (1) Except as provided in subsection (2) of this section, no
25   incident command system, including law enforcement, may use any state
26   or local funds, facilities, property, equipment, or personnel to
27   investigate, enforce, cooperate with, or assist in the investigation
28   or enforcement of any federal registration or surveillance programs
29   or any other laws, rules, or policies that target any emergency
30   responder who resides or works in Washington, solely on the basis of
31   race, religion, immigration, or citizenship status, or national or
32   ethnic origin.
33       (2) Nothing in subsection (1) of this section prohibits the
34   collection, use, or disclosure of information that is:
35       (a) Required to comply with state or federal law;
36       (b) In response to a lawfully issued court order;
37       (c) Necessary to perform incident command system duties,
38   functions, or other business, as permitted by statute or rule,


                                     p. 5                          HB 2351
 1   conducted by the incident command system that is not related to
 2   immigration enforcement;
 3       (d) Required to comply with policies, grants, waivers, or other
 4   requirements necessary to maintain funding; or
 5       (e) In the form of deidentified or aggregated data, including
 6   census data.
 7       (3) For the purpose of this section, "emergency responder" has
 8   the same meaning as in RCW 9A.76.020.
 9       (4) This section applies to all incident command systems
10   directing or coordinating emergency response activities that take
11   place in Washington on or after January 1, 2027.

12       NEW SECTION.   Sec. 6.   A new section is added to chapter 38.52
13   RCW to read as follows:
14       (1)(a) The governor and the executive authority of each political
15   subdivision of the state are authorized to designate any geographic
16   area within their respective jurisdictions that contains an ongoing
17   emergency or disaster as an emergency operation zone. The emergency
18   operation zone may be drawn to include affected and at-risk areas,
19   areas where emergency responders are staging or working, and
20   reasonable buffer zones. The designating authority shall establish a
21   duration for the emergency operation zone's existence that may not
22   exceed 30 days, but the designating authority may modify or renew the
23   designation as needed for emergencies or disasters that spread beyond
24   the zone's established borders or persist beyond the zone's
25   established duration.
26       (b) Whenever a designating authority establishes or modifies an
27   emergency operation zone it shall, as soon as practicable, publish
28   notice of the zone's existence, borders, and duration on the
29   designating authority's publicly accessible website and transmit a
30   copy of the notice to all local, state, and federal law enforcement
31   agencies the designating authority knows or reasonably expects to
32   operate within the emergency operation zone. A notice prepared under
33   this subsection shall include a citation to this section and the
34   statement "INTERFERENCE WITH EMERGENCY RESPONDERS WITHIN AN EMERGENCY
35   OPERATION ZONE IS RESTRICTED BY STATE LAW."
36       (2) Except as provided in subsection (3) of this section, any law
37   enforcement officer who enters or remains in an emergency operation
38   zone to target an emergency responder for the purpose of enforcing a
39   local, state, or federal law against the emergency responder, shall:
                                     p. 6                          HB 2351
 1       (a) Visibly display identification in all places and at all times
 2   while present in the emergency operation zone. Identification must
 3   include, at minimum, the officer's agency name and an individual
 4   identification number the officer's employer can link to the
 5   officer's legal name and identity;
 6       (b) Disclose to the incident commander, emergency management
 7   authority, or designated administrator exercising delegated authority
 8   the nature and scope of the officer's intended activities within the
 9   emergency operation zone. The officer or the officer's employer must
10   make this disclosure before the officer enters the emergency
11   operation zone or, if the incident command team has not been
12   established at the time of the officer's entry into the emergency
13   operation zone, this disclosure must be made as soon as practicable
14   after the incident command team is established;
15       (c) Obtain a valid judicial warrant before undertaking any
16   search, seizure, or arrest for which a warrant is required, and
17   provide a copy of such warrant upon request to the emergency
18   operation zone incident command team and the subject of the warrant;
19   and
20       (d) Refrain from disrupting emergency operations throughout the
21   emergency operation zone or interfering with any emergency responders
22   within the emergency operation zone, unless acting pursuant to a
23   judicial warrant authorizing a specified search or seizure.
24       (3) The requirements of subsection (2) of this section do not
25   apply to:
26       (a) Any law enforcement officer outside an emergency operation
27   zone;
28       (b) Any law enforcement officer who enters or remains in an
29   emergency operation zone, if the officer does not intend to target an
30   emergency responder for the purpose of enforcing a local, state, or
31   federal law against the emergency responder;
32       (c) Any law enforcement officer who is lawfully operating under a
33   previously   established  assumed   identity   for  the   purpose  of
34   investigating a suspected violent offense by an emergency responder
35   who lives, works, or is present in the emergency operation zone, if:
36   (i) The officer is operating under an assumed identity with the
37   knowledge and authorization of the officer's superiors, and (ii)
38   compliance with the requirements of this section would be likely to
39   compromise the ongoing criminal investigation of the emergency
40   responder or endanger the investigating officer; or
                                     p. 7                          HB 2351
 1       (d) Any law enforcement officer who cannot reasonably comply with
 2   the requirements of this section as a result of an ongoing search for
 3   or pursuit of an emergency responder who the officer has probable
 4   cause to believe has committed a violent offense or is about to
 5   commit a violent offense.
 6       (4) A violation of this section is not a criminal or civil
 7   offense and does not provide any basis for criminal or civil
 8   liability, but such violation must be reported to the attorney
 9   general.
10       (5) In response to any reported violation of this section, the
11   attorney general may:
12       (a) Provide notification of the violation to the governor and any
13   affected political subdivision of the state, the attorney general of
14   the United States, the United States department of justice office of
15   the inspector general, and any member or committee of the United
16   States congress or Washington legislature;
17       (b) Publish a public report on the attorney general's website
18   that details the violation; and
19       (c) Provide notification of the violation to any affected
20   individuals    and    organizations,    including    legal   advocacy
21   organizations.
22       (6) In response to any reported violation of this section by a
23   federal officer or agent that disrupted or interfered with an
24   emergency response or resulted in the detention or arrest of an
25   emergency responder, the attorney general must provide notification
26   of the violation to the attorney general of the United States and the
27   United States department of justice office of the inspector general.
28   The attorney general may provide additional notifications and
29   reporting as provided in subsection (5) of this section.
30       (7) The definitions in this subsection apply throughout this
31   section unless the context clearly requires otherwise.
32       (a) "Emergency operation zone" means any designated geographic
33   area as described in subsection (1) of this section that contains an
34   ongoing emergency or disaster.
35       (b) "Emergency responder" has the same meaning as in RCW
36   9A.76.020.
37       (c) "Incident command team" means the leadership of an incident
38   command system as that term is defined in RCW 38.52.010.
39       (d) "Law enforcement officer" means any employee, agent, officer,
40   or contractor of any local or state government in the United States,
                                     p. 8                          HB 2351
1    or the federal government of the United States, who enforces local,
2    state, or federal law, and who is authorized to search, seize,
3    detain, or arrest any person.
4        (e) "Violent offense" has the same meaning as provided in RCW
5    9.94A.030.


6        NEW SECTION.    Sec. 7.    If any provision of this act or its
7    application to any person or circumstance is held invalid, the
8    remainder of the act or the application of the provision to other
9    persons or circumstances is not affected.


10       NEW SECTION. Sec. 8. If any part of this act is found to be in
11   conflict with federal requirements that are a prescribed condition to
12   the allocation of federal funds to the state, the conflicting part of
13   this act is inoperative solely to the extent of the conflict and with
14   respect to the agencies directly affected, and this finding does not
15   affect the operation of the remainder of this act in its application
16   to the agencies concerned. Rules adopted under this act must meet
17   federal requirements that are a necessary condition to the receipt of
18   federal funds by the state.

                                  --- END ---




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