Lawmakers consider new gross misdemeanor for false identification as a peace officer

Engrossed substitute House Bill 2,165 would create a separate gross misdemeanor for false identification as a peace officer, clearer coverage for federal peace officers and defined exceptions, committee staff and the prime sponsor said Feb. 19.

Maya Aita, staff counsel, described the bill as removing the impersonation prong from the existing second‑degree criminal impersonation statute and placing it in a standalone offense that uses the term "peace officer" and does not require the specific intent element present in the old prong. The bill would make it unlawful to make, provide, or possess an item bearing a law enforcement agency's insignia identifying the holder as a peace officer when the holder is not commissioned; to intentionally misrepresent an object as agency property; or to create the impression of being a peace officer under circumstances where a reasonable person would so believe.

Representative Edwin Obras, the prime sponsor and sponsor of a governor's office request bill, said the measure is focused on accountability and protecting immigrant and other vulnerable communities. Nathan Olsen, policy advisor from the governor's office, said the bill addresses a gap where merely possessing badges or vehicles that mimic law enforcement is not currently a crime until the impersonator acts in an official capacity. The governor's office described the bill as modeled on a Texas statute and inclusive of common‑sense exceptions for artistic expression, retired officers, and inherited memorabilia.

SeaTac council member Joe Vinson and other local officials testified in support, citing concerns about impersonation incidents near an international airport and vulnerability of immigrant communities. Committee members asked about inclusion of federal agencies such as ICE; staff said the bill's federal peace‑officer definition covers federal officers whose duties include enforcement of federal laws.