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SB 5299

Concerning law enforcement officer protection.

2023-2024 Regular Session Introduced by John Braun and 9 co-sponsors

Expands third-degree assault to cover off-duty officers targeted because of their employment and widens the weapon/appearance sentencing enhancement by 12 months.

By resolution, returned to Senate Rules Committee for third reading.
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Bill Summary · SB 5299

SB 5299 — Concerning law enforcement officer protection

Status: By resolution, returned to Senate Rules Committee for third reading.
Introduced: January 16, 2025 (bill originated in the 2023–2024 legislative activity described below)

Purpose

SB 5299 is intended to strengthen criminal penalties and prosecutorial tools for assaults involving law enforcement personnel by (1) expanding the circumstances that qualify as third‑degree assault when the victim is a law enforcement employee and (2) broadening an existing sentencing enhancement tied to assaults that involve weapons or the appearance of a firearm.

Key provisions

  • Expands Assault in the Third Degree (RCW 9A.36.031)

    • Adds as a class C felony (currently ranked at seriousness level III) an assault on an off‑duty law enforcement officer or other law‑enforcement employee where the assault was committed with intent to specifically target that person because of their law‑enforcement employment.
    • (Retains existing categories in third‑degree assault for on‑duty officers and various other protected professions and circumstances.)
    • Also includes assaulting a peace officer with a projectile stun gun (as reflected in the amended text).

  • Modifies the special allegation / sentencing enhancement (RCW 9.94A.831)

    • Expands the special allegation that prosecutors may plead and must prove beyond a reasonable doubt: it now covers offenses intentionally committed with a deadly weapon (as defined in RCW 9A.04.110) or what appears to be a firearm.
    • If proven, the sentencing enhancement increases the defendant’s standard range by 12 months (existing law already prescribes a 12‑month enhancement for certain firearm‑appearance allegations; SB 5299 extends scope to deadly weapons or appearances of firearms as described).

  • Reporting requirement (removed in later amendment)

    • Earlier versions required each law‑enforcement agency to report incidents where an officer was physically harmed by a citizen (including injury details, whether charges were filed, case disposition, and demographics of the alleged assailant).
    • A subsequent amendment eliminated that reporting/data‑collection provision; the enacted/considered amendment therefore does not impose the reporting mandate.

Who is affected

  • Primary: law enforcement officers and other employees of law‑enforcement agencies (on‑ and off‑duty, when targeted because of employment).
  • Defendants: persons charged with assaults meeting the expanded definitions — potentially subject to enhanced sentencing if the deadly‑weapon or firearm‑appearance allegation is proven.
  • Prosecutors and courts: gain/implement the expanded pleading and enhancement options.
  • Law‑enforcement agencies: would have had reporting duties under earlier drafts, but the final amendment removed that requirement.

Procedural / timeline notes

  • The bill traces back to the 2023–2024 legislative cycle (substitute and engrossed substitute versions were considered in 2023–2024). Key actions include House committee amendment and a House passage (3rd reading 1/17/24: 47 yeas, 1 nay).
  • On 2024‑03‑07 the measure was returned to the Senate Rules Committee for third reading by resolution.
  • Effective date (as amended): 90 days after adjournment of the session in which the bill is passed.
  • No appropriation attached; a fiscal note is available.

Support and opposition (testimony highlights)

  • Supporters (e.g., Washington Association of Sheriffs & Police Chiefs) argued assaults against officers have increased and the bill improves officer safety and accountability for citizens who attack officers.
  • Opponents (e.g., Washington Association of Criminal Defense Lawyers, Washington Defender Association, ACLU‑WA) raised concerns that longer sentences do not deter crime, the expansion could criminalize relatively minor contacts (e.g., off‑duty interactions), and earlier reporting requirements could be misused in criminal or civil proceedings.

Bottom line

SB 5299 focuses on broadening third‑degree assault protections to include off‑duty law‑enforcement employees targeted because of their role and expands the scope of an existing weapon‑related special allegation that triggers a one‑year sentencing enhancement. A proposed data‑reporting requirement for citizen assaults on officers was removed in later amendment.

Compiled from official sources — confirm details with the bill’s official record.

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