Bill Analysis - HB 2351, Protecting Emergency Responders (Washington House, 1/16/26)

Summary

A House Bill Analysis of HB 2351, Protecting emergency responders and emergency response operations in Washington, from the Washington State House of Representatives Office of Program Research for the Technology, Economic Development, & Veterans Committee, with a hearing date of 1/16/26. The brief summary says the bill prohibits counties, cities, towns, incident command systems, and law enforcement from using resources to assist in enforcement actions that target an emergency responder based on the responder's protected status. It also allows the Governor or a county, city, or town to designate an "emergency operation zone" and modifies the crime of obstructing a law enforcement officer to include emergency responders.

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Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Technology, Economic Development, &
Veterans Committee
HB 2351
Brief Description: Protecting emergency responders and emergency response operations in
Washington.

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

Brief Summary of Bill
• Prohibits counties, cities, towns, incident command systems, and law
enforcement from using resources to assist in enforcement actions that
target an emergency responder based on the responder's protected status.
• Allows the Governor or a county, city, or town to designate an
"emergency operation zone," and conditions law enforcement officer
activity within a designated zone.
• Modifies the crime of obstructing a law enforcement officer to include
emergency responders.

Hearing Date: 1/16/26

Staff: Martha Wehling (786-7067).

Background:

Incident Command System.
The Washington Military Department (MIL), under the direction of the Adjutant General,
administers the state's comprehensive program of emergency management. "Emergency

This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.

House Bill Analysis -1- HB 2351
management" is defined to include the preparation for and the carrying out of all emergency
functions, other than functions for which the military forces are primarily responsible, to
mitigate, prepare for, respond to, and recover from emergencies and disasters. As part of his
emergency management duties, the Adjutant General is responsible for developing and
maintaining the Comprehensive Emergency Management Plan (CEMP) for the state. The CEMP
must specify the use of the incident command system for multiagency or multijurisdictional
operations.

Local Government Emergency Management.
Each county, city, and town is required to either establish or join a local organization for
emergency management and submit a Local Comprehensive Emergency Management Plan
(Local CEMP) to the MIL's Emergency Management Division. The Local CEMPs are
coordinated with the CEMP and reviewed pursuant to a designated schedule. The MIL rules
specify the Local CEMP elements, timeline for review and updates, operational capability
testing, and communication plan requirements. Local organizations may collaborate through a
mutual aid or interlocal agreement.

Entering Public or Private Land to Suppress or Control a Wildland Fire.
A person may access public or private land to suppress a wildland fire, but must meet certain
conditions for the access to be lawful, including notifying emergency personnel prior to entering
the land or within a reasonable time. A person's access is limited to the minimum necessary
activity reasonably required to extinguish or control the wildland fire.

Alien Offenders.
An individual in the custody of the Department of Corrections and subject to an order of
deportation may be transferred to the custody of the Immigration and Customs Enforcement
Division of the United States Department of Homeland Security for deportation prior to the
expiration of the individual's confinement term. There are numerous conditions and
requirements related to an individual in this status.

Obstruction of a Law Enforcement Officer.
The crime of obstructing a law enforcement officer is a gross misdemeanor. A person commits
the offense when the person willfully hinders, delays, or obstructs an officer in the discharge of
his or her official duties. Law enforcement officer is defined to include officers who apprehend
persons committing infractions or crimes.

Reasonable Identification of a Uniformed Peace Officer.
All law enforcement agencies are required to adopt policies and procedures to ensure that
uniformed peace officers must be reasonably identifiable while on duty and performing their
official duties. "Reasonably identifiable" means that the "officer's uniform clearly displays the
officer's name or other information that members of the public can see and the agency can use to
identify the peace officer." A "peace officer" includes general authority, limited authority, and
specially commissioned peace officers, and employees of jails, correctional, or detention
facilities.

House Bill Analysis -2- HB 2351
Definitions.
Definitions are provided in statutes, including "emergency or disaster," "emergency responder,"
"emergency worker," "incident command system," and "violent offense." Whether an individual
is considered an emergency responder or worker is context specific, and depends on the
triggering event and entity responding.

There are multiple definitions for law enforcement officers that are based on the scope of
authority of the officer. A "federal peace officer" is "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." A "general authority
Washington peace officer" enforces criminal laws. A "limited authority Washington peace
officer" enforces laws in limited subject areas. A "specially commissioned Washington peace
officer" is commissioned by a general authority law enforcement agency to enforce some or all
of the criminal laws, and may include reserve, Oregon, or Idaho officers.

Summary of Bill:

Prohibition on Assistance with an Enforcement Action Against an Emergency Responder.
Counties, cities, towns, and incident command systems, including law enforcement, are
prohibited from using resources to assist in the investigation or enforcement of any law or policy
that targets an emergency responder based on certain protected characteristics, including
immigration or citizenship status. The prohibition does not apply to alien offenders or programs
that provide a person with services or benefits.

An "emergency responder" is defined as:
• a general authority, limited authority, specially commissioned, or federal peace officer,
and certain public officers;
• an employee or agent providing firefighting and similar duties for an active fire or rescue
incident;
• an employee or agent providing emergency medical transportation, care, or services for an
active medical emergency incident;
• an emergency worker; and
• an emergency responder.

A "law enforcement officer" is an emergency responder, and includes general authority, limited
authority, specially commissioned, and federal peace officers.

By January 1, 2027, counties, cities, and towns, including law enforcement, must take certain
actions relating to information about an emergency responder's immigration status, citizenship
status, or place of birth. These entities must review, modify, and publish policies to limit the
request for, collection of, disclosure of, or condition of services for an emergency responder.
Counties, cities, towns, and incident command systems, including law enforcement, are not
prohibited from collecting, using, or disclosing information that is needed to comply with other

House Bill Analysis -3- HB 2351
laws, court orders, or duties. Compliance with these requirements must be complete by January
1, 2028.

Designation of Emergency Operation Zones and Conditions on Law Enforcement Officer
Activity Within Zones.
The Governor and the executive authority of a county, city, or town may designate an area within
an ongoing emergency or disaster as an "emergency operation zone." The designation must
include a time period that is less than 30 days, and may include threatened areas, staging areas,
and a buffer zone. The designation must be published on the designating entity's website, and
information about the designation must be provided to all local, state, and federal law
enforcement agencies that may operate within the zone. The notice must include the statement,
"INTERFERENCE WITH EMERGENCY RESPONDERS WITHIN AN EMERGENCY
OPERATION ZONE IS RESTRICTED BY STATE LAW."

After an emergency operation zone is designated, any law enforcement officer who enters the
zone to target an emergency responder must:
• visually display identification while in the zone, including the officer's agency and a
unique identification number;
• notify the incident commander, emergency management authority, or designated
administrator about the nature and scope of the officer's activities while in the zone prior to
entering the zone or as soon as practicable after an incident command team is established;
• obtain a judicial warrant and provide a copy of the warrant to the incident command team,
if requested; and
• refrain from disrupting emergency operations or interfering with emergency responders,
except for conduct authorized by the judicial warrant.

There are certain exclusions from the above requirements, including activity outside of an
emergency operation zone, activity by an undercover officer, or when the officer has probable
cause that the emergency responder committed a violent offense.

"Emergency responder" has the same definition as provided above. An "incident command
team" is defined to mean the leadership of an incident command system. A "law enforcement
officer" is defined to include any employee, agent, officer, or contractor of any local, state, or
federal government, who enforces local, state, or federal law, and who is authorized to search,
seize, detain, or arrest any person.

A violation must be reported to the Attorney General, but there is no criminal or civil liability for
a violation. The Attorney General has discretion whether to notify certain elected and appointed
state and federal authorities, publish a report on his website, or notify affected individuals and
organizations, including legal advocacy organizations. The Attorney General is required to
notify the federal Attorney General and the federal Inspector General when a federal officer or
agent detains or arrests an emergency responder or disrupts emergency response.

Obstruction of an Emergency Responder.

House Bill Analysis -4- HB 2351
The crime of Obstructing an Emergency Responder is a gross misdemeanor when the emergency
responder is in uniform, announces his or her position, or the responder's status is understandable
in the circumstances. "Emergency responder" has the same definition as provided above.

Activity protected under the federal or state constitutions, or activity taken by a law enforcement
officer for an authorized and lawful purpose, is not obstruction of an emergency responder.

Appropriation: None.

Fiscal Note: Requested on January 9, 2026.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.

House Bill Analysis -5- HB 2351

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