Proposed Substitute House Bill 2351 - Protecting Emergency Responders (H-3120.1, January 22, 2026)
Summary
Proposed Substitute House Bill 2351 (H-3120.1), House Technology, Economic Development, and Veterans Committee, with a staff summary dated January 22, 2026. The summary says the original 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 lists changes in the proposed substitute, including an affirmative defense for the crime of obstruction due to a mental health crisis and removal of public officers from the definition of emergency responders. The brief description is Protecting emergency responders and emergency response operations in Washington.
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Cite this document
“Proposed Substitute House Bill 2351 - Protecting Emergency Responders (H-3120.1, January 22, 2026).”
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Proposed Substitute House Bill 2351 (H-3120.1)
House Technology, Economic Development, and Veterans Committee
By Representative Cortes
Original Bill:
Counties, cities, towns, incident command systems, and law enforcement are prohibited from using resources to assist
in enforcement actions that target an emergency responder based on the responder's protected status. Counties, cities,
towns, and law enforcement must review and update existing policies related to the collection and dissemination of
information related to an emergency responder's protected status. The Governor or a county, city, or town may
designate an "emergency operation zone," and law enforcement officer activity within a designated zone is conditioned.
The crime of obstructing a law enforcement officer is modified to include emergency responders.
Proposed Substitute House Bill (H-3120.1) compared to the Original Bill:
• Creates an affirmative defense for the crime of obstruction due to a mental health crisis;
• Adds certain Washington State Department of Transportation workers to definition of emergency responders;
• Removes public officers from definition of emergency responders;
• Removes the requirement that cities, towns, counties, and law enforcement review policies related to the
collection and dissemination of information related to an emergency responder's protected status;
• Limits county, city, town, incident command system, and law enforcement's use of an emergency responder’s
information to compliance with policies in effect prior to April 15, 2026;
• Removes January 1, 2027, implementation date for counties;
• Removes requirement that entity designating an emergency operation zone notify law enforcement;
• Changes notification to law enforcement of activity in emergency operation zone to designating entity rather
than incident command system; and
• Changes reporting of certain violations to the Attorney General to discretionary rather than mandatory.
Staff: Martha Wehling
Date: January 22, 2026
BILL REQUEST - CODE REVISER'S OFFICE
BILL REQ. #: H-3120.1/26
ATTY/TYPIST: RR:akl
BRIEF DESCRIPTION: Protecting emergency responders and emergency
response operations in Washington.
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
Code Rev/RR:akl 1 H-3120.1/26
1 emergency responder, and a reasonable person would understand based
2 on 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;
22 (ii) Any employee or agent of a government agency or private
23 corporation that provides firefighting, fire response, fire control,
24 or fire suppression services, who is responding to or engaged in an
25 active fire or rescue incident;
26 (iii) Any employee or agent of a government agency or private
27 corporation that provides emergency medical transportation, care, or
28 services, who is responding to or engaged in an active medical
29 emergency incident;
30 (iv) Any emergency worker as that term is defined in RCW
31 38.52.010;
32 (v) Any employee or agent of a government agency or private
33 corporation who is responding to or engaged in an emergency road
34 closure incident; or
35 (vi) Any emergency responder as that term is defined in RCW
36 24.60.010.
37 (b) "Law enforcement officer" means any general authority,
38 limited authority, or specially commissioned Washington peace officer
39 or federal peace officer as those terms are defined in RCW 10.93.020.
Code Rev/RR:akl 2 H-3120.1/26
1 (5) It is an affirmative defense to the charge if a person
2 establishes by a preponderance of the evidence that the person was
3 experiencing a mental health crisis at the time of the unlawful
4 conduct.
5 NEW SECTION. Sec. 3. A new section is added to chapter 35.21
6 RCW to read as follows:
7 (1) Except as provided in subsection (2) of this section, no
8 agency of any city or town, including unclassified cities or towns,
9 including law enforcement, may use agency funds, facilities,
10 property, equipment, or personnel to investigate, enforce, cooperate
11 with, or assist in the investigation or enforcement of any federal
12 registration or surveillance programs or any other laws, rules, or
13 policies that target any emergency responder who resides or works in
14 Washington, solely on the basis of race, religion, immigration, or
15 citizenship status, or national or ethnic origin. This subsection
16 does not apply to any program with the primary purpose of providing
17 persons with services or benefits, or to RCW 9.94A.685.
18 (2) Nothing in subsection (1) of this section prohibits the
19 collection, use, or disclosure of information that is:
20 (a) Required to comply with state or federal law;
21 (b) In response to a lawfully issued court order;
22 (c) Necessary to perform agency duties, functions, or other
23 business, as permitted by statute or rule, conducted by the agency
24 that is not related to immigration enforcement;
25 (d) Required to comply with policies, grants, waivers, or other
26 requirements necessary to maintain funding, if the policy, grant,
27 waiver, or requirement was in effect prior to April 15, 2026; or
28 (e) In the form of deidentified or aggregated data, including
29 census data.
30 (3) For the purpose of this section, "emergency responder" has
31 the same meaning as in RCW 9A.76.020.
32 (4) This section applies to all agencies of cities or towns
33 including unclassified cities or towns operating or existing in
34 Washington on or after January 1, 2027.
35 NEW SECTION. Sec. 4. A new section is added to chapter 36.01
36 RCW to read as follows:
37 (1) Except as provided in subsection (2) of this section, no
38 agency of any county, including law enforcement, may use agency
Code Rev/RR:akl 3 H-3120.1/26
1 funds, facilities, property, equipment, or personnel to investigate,
2 enforce, cooperate with, or assist in the investigation or
3 enforcement of any federal registration or surveillance programs or
4 any other laws, rules, or policies that target any emergency
5 responder who resides or works in Washington, solely on the basis of
6 race, religion, immigration, or citizenship status, or national or
7 ethnic origin. This subsection does not apply to any program with the
8 primary purpose of providing persons with services or benefits, or to
9 RCW 9.94A.685.
10 (2) Nothing in subsection (1) of this section prohibits the
11 collection, use, or disclosure of information that is:
12 (a) Required to comply with state or federal law;
13 (b) In response to a lawfully issued court order;
14 (c) Necessary to perform agency duties, functions, or other
15 business, as permitted by statute or rule, conducted by the agency
16 that is not related to immigration enforcement;
17 (d) Required to comply with policies, grants, waivers, or other
18 requirements necessary to maintain funding, if the policy, grant,
19 waiver, or requirement was in effect prior to April 15, 2026; or
20 (e) In the form of deidentified or aggregated data, including
21 census data.
22 (3) For the purpose of this section, "emergency responder" has
23 the same meaning as in RCW 9A.76.020.
24 NEW SECTION. Sec. 5. A new section is added to chapter 38.52
25 RCW to read as follows:
26 (1) Except as provided in subsection (2) of this section, no
27 incident command system, including law enforcement, may use any state
28 or local funds, facilities, property, equipment, or personnel to
29 investigate, enforce, cooperate with, or assist in the investigation
30 or enforcement of any federal registration or surveillance programs
31 or any other laws, rules, or policies that target any emergency
32 responder who resides or works in Washington, solely on the basis of
33 race, religion, immigration, or citizenship status, or national or
34 ethnic origin.
35 (2) Nothing in subsection (1) of this section prohibits the
36 collection, use, or disclosure of information that is:
37 (a) Required to comply with state or federal law;
38 (b) In response to a lawfully issued court order;
Code Rev/RR:akl 4 H-3120.1/26
1 (c) Necessary to perform incident command system duties,
2 functions, or other business, as permitted by statute or rule,
3 conducted by the incident command system that is not related to
4 immigration enforcement;
5 (d) Required to comply with policies, grants, waivers, or other
6 requirements necessary to maintain funding, if the policy, grant,
7 waiver, or requirement was in effect prior to April 15, 2026; or
8 (e) In the form of deidentified or aggregated data, including
9 census data.
10 (3) For the purpose of this section, "emergency responder" has
11 the same meaning as in RCW 9A.76.020.
12 (4) This section applies to all incident command systems
13 directing or coordinating emergency response activities that take
14 place in Washington on or after January 1, 2027.
15 NEW SECTION. Sec. 6. A new section is added to chapter 38.52
16 RCW to read as follows:
17 (1)(a) The governor and the executive authority of each political
18 subdivision of the state are authorized to designate any geographic
19 area within their respective jurisdictions that contains an ongoing
20 emergency or disaster as an emergency operation zone. The emergency
21 operation zone may be drawn to include affected and at-risk areas,
22 areas where emergency responders are staging or working, and
23 reasonable buffer zones. The designating authority shall establish a
24 duration for the emergency operation zone's existence that may not
25 exceed 30 days, but the designating authority may modify or renew the
26 designation as needed for emergencies or disasters that spread beyond
27 the zone's established borders or persist beyond the zone's
28 established duration.
29 (b) Whenever a designating authority establishes or modifies an
30 emergency operation zone it shall, as soon as practicable, publish
31 notice of the zone's existence, borders, and duration on the
32 designating authority's publicly accessible website. A notice
33 prepared under this subsection shall include a citation to this
34 section and the statement "INTERFERENCE WITH EMERGENCY RESPONDERS
35 WITHIN AN EMERGENCY 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:
Code Rev/RR:akl 5 H-3120.1/26
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 designating authority the nature and scope of
7 the officer's intended activities within the emergency operation
8 zone. The officer or the officer's employer must make this disclosure
9 before the officer enters the emergency operation zone;
10 (c) Obtain a valid judicial warrant before undertaking any
11 search, seizure, or arrest for which a warrant is required, and
12 provide a copy of such warrant upon request to the designating
13 authority of the emergency operation zone and the subject of the
14 warrant; and
15 (d) Refrain from disrupting emergency operations throughout the
16 emergency operation zone or interfering with any emergency responders
17 within the emergency operation zone, unless acting pursuant to a
18 judicial warrant authorizing a specified search or seizure.
19 (3) The requirements of subsection (2) of this section do not
20 apply to:
21 (a) Any law enforcement officer outside an emergency operation
22 zone;
23 (b) Any law enforcement officer who enters or remains in an
24 emergency operation zone, if the officer does not intend to target an
25 emergency responder for the purpose of enforcing a local, state, or
26 federal law against the emergency responder;
27 (c) Any law enforcement officer who is lawfully operating under a
28 previously established assumed identity for the purpose of
29 investigating a suspected violent offense by an emergency responder
30 who lives, works, or is present in the emergency operation zone, if:
31 (i) The officer is operating under an assumed identity with the
32 knowledge and authorization of the officer's superiors, and (ii)
33 compliance with the requirements of this section would be likely to
34 compromise the ongoing criminal investigation of the emergency
35 responder or endanger the investigating officer; or
36 (d) Any law enforcement officer who cannot reasonably comply with
37 the requirements of this section as a result of an ongoing search for
38 or pursuit of an emergency responder who the officer has probable
39 cause to believe has committed a violent offense or is about to
40 commit a violent offense.
Code Rev/RR:akl 6 H-3120.1/26
1 (4) A violation of this section is not a criminal or civil
2 offense and does not provide any basis for criminal or civil
3 liability, but such violation may be reported to the attorney
4 general.
5 (5) In response to any reported violation of this section, the
6 attorney general may:
7 (a) Provide notification of the violation to the governor and any
8 affected political subdivision of the state, the attorney general of
9 the United States, the United States department of justice office of
10 the inspector general, and any member or committee of the United
11 States congress or Washington legislature;
12 (b) Publish a public report on the attorney general's website
13 that details the violation; and
14 (c) Provide notification of the violation to any affected
15 individuals and organizations, including legal advocacy
16 organizations.
17 (6) In response to any reported violation of this section by a
18 federal officer or agent that disrupted or interfered with an
19 emergency response or resulted in the detention or arrest of an
20 emergency responder, the attorney general must provide notification
21 of the violation to the attorney general of the United States and the
22 United States department of justice office of the inspector general.
23 The attorney general may provide additional notifications and
24 reporting as provided in subsection (5) of this section.
25 (7) The definitions in this subsection apply throughout this
26 section unless the context clearly requires otherwise.
27 (a) "Emergency operation zone" means any designated geographic
28 area as described in subsection (1) of this section that contains an
29 ongoing emergency or disaster.
30 (b) "Emergency responder" has the same meaning as in RCW
31 9A.76.020.
32 (c) "Law enforcement officer" means any employee, agent, officer,
33 or contractor of any local or state government in the United States,
34 or the federal government of the United States, who enforces local,
35 state, or federal law, and who is authorized to search, seize,
36 detain, or arrest any person.
37 (d) "Violent offense" has the same meaning as provided in RCW
38 9.94A.030.
Code Rev/RR:akl 7 H-3120.1/26
1 NEW SECTION. Sec. 7. If any provision of this act or its
2 application to any person or circumstance is held invalid, the
3 remainder of the act or the application of the provision to other
4 persons or circumstances is not affected.
5 NEW SECTION. Sec. 8. If any part of this act is found to be in
6 conflict with federal requirements that are a prescribed condition to
7 the allocation of federal funds to the state, the conflicting part of
8 this act is inoperative solely to the extent of the conflict and with
9 respect to the agencies directly affected, and this finding does not
10 affect the operation of the remainder of this act in its application
11 to the agencies concerned. Rules adopted under this act must meet
12 federal requirements that are a necessary condition to the receipt of
13 federal funds by the state.
--- END ---
Code Rev/RR:akl 8 H-3120.1/26
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