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ESHB 2165

Momentum Bucket Became Law
Legal Title AN ACT Relating to false identification as a peace officer;
Bill Description Concerning false identification as a peace officer.
What this bill does
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This bill creates a new state offense called "false identification as a peace officer" by adding a new section to chapter 9A.60 RCW. The offense covers claiming to be or creating the impression of being a peace officer and doing an act intended to convey official capacity (for example by using a vehicle, clothing, or an item bearing a law enforcement insignia) where a reasonable person would believe the person is a peace officer, and it is a gross misdemeanor. The bill also provides a defense and exemptions: authorized display/use is allowed when an item bearing an agency insignia was issued by that agency when the person was commissioned and agency policies continue to permit the use; possession of insignia items is allowed for people who inherit items from deceased commissioned officers as part of ceremonies or who kept items after retirement to the extent agency policy permits; and retired peace officers are presumed authorized to keep insignia items if agency policy does not specifically prohibit it and the agency does not request return. The bill exempts depictions of law enforcement for cultural, historical, political, religious, educational, newsworthy, or public interest purposes (including art, commentary, satire, and parody). The bill also amends RCW 9A.60.045 (criminal impersonation in the second degree) by specifying additional acts that constitute that offense: falsely claiming to be a U.S. veteran or active duty service member with intent to defraud for personal gain or to facilitate unlawful activity, and knowingly distributing a forged digital likeness presented as genuine with specified unlawful intents (fraud, harassment, threats, intimidation, or other unlawful purposes). Criminal impersonation in the second degree is a gross misdemeanor. The amendment includes the same types of public interest exemptions described above and adds a limitation of liability for interactive computer services (under 47 U.S.C. §230(f)(2)), mobile telecommunications providers (RCW 82.04.065), and telecommunications or broadband providers so they are not liable solely because another person provided the prohibited content. The bill adds or clarifies definitions for "peace officer" (including Washington general, limited, reserve, specially commissioned officers per RCW 10.93.020, and federal peace officers), "item bearing an insignia of a law enforcement agency" (including words like "police," "sheriff," "marshal," or the title of a federal law enforcement agency), and "federal peace officer" (a U.S. government employee or agent who can carry firearms and make warrantless arrests and whose duties involve enforcing U.S. laws). The bill passed the Senate on March 3, 2026, and the House on March 9, 2026. The provided text does not state an effective date, does not include the text or elements of criminal impersonation in the first degree, and does not specify agency policy content or procedures referenced for authorization or return of insignia items.
Why it matters
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If enacted, the bill makes it a new gross misdemeanor to act or present oneself in ways that would lead a reasonable person to believe you are a peace officer even when the conduct falls short of first‑degree impersonation, and it also adds gross misdemeanor penalties for falsely claiming veteran or active duty status for personal gain and for knowingly distributing forged digital likenesses to harm or defraud. Law enforcement agencies will need to clarify and likely update their policies about issuing, allowing display of, and requesting return of badges and other insignia; retired officers gain a presumption that they may keep such items unless agency policy forbids it, and heirs may keep items received at ceremonies. Practical effects fall mostly on state and federal peace officers, retired officers, law enforcement agencies, people who might impersonate officers or fraudulently use veterans’ identity, and criminal justice systems. Agencies could face modest administrative costs and workload to amend and enforce insignia policies and to handle disputes about returns; prosecutors and courts may see added gross misdemeanor filings. Internet and telecom providers keep statutory protections from liability for third‑party content. Important details are missing here: the bill chunk does not show an effective date or the specific agency policy procedures that will govern authorization or returns, and it does not include the text defining first‑degree impersonation.
Official Documents View Full Bill Text
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ESHB 2165 Details and Bill Topics

Details

Date Introduced 01/22/2026
Originating Chamber House
Biennium 2025-26
Total Campaign Dollars Backing Bill $10,568,862.00

Bill Topics

CRIMES

ESHB 2165 Sponsors and Committee Hearings

Sponsors

Representative Obras (Primary)
Representative Farivar
Representative Ryu
Representative Parshley
Representative Kloba
Representative Ramel
Representative Simmons
Representative Peterson
Representative Berry
Representative Salahuddin
Representative Tharinger
Representative Rule
Representative Reed
Representative Leavitt
Representative Lekanoff
Representative Mena
Representative Scott
Representative Santos
Representative Cortes
Representative Zahn
Representative Callan
Representative Nance
Representative Street
Representative Wylie
Representative Duerr
Representative Thomas
Representative Taylor
Representative Stonier
Representative Gregerson
Representative Ormsby
Representative Berg
Representative Reeves
Representative Thai
Representative Macri
Representative Fosse
Representative Hill
Representative Davis
Representative Pollet
Representative Donaghy
Representative Bernbaum

Committee Hearings

Hearing House Community Safety (Public)
Hearing House Community Safety (Executive)
Hearing Senate Law & Justice (Public)
Hearing Senate Law & Justice (Executive)
Go to ESHB 2165 at leg.wa.gov

ESHB 2165 Bill Timeline

Became Law
3/18/2026
C 114 L 26
Effective date 6/11/2026.
3/18/2026
C 114 L 26
Chapter 114, 2026 Laws.
3/18/2026
C 114 L 26
Governor signed.
3/11/2026
C 114 L 26
Delivered to Governor.
3/10/2026
C 114 L 26
President signed.
3/10/2026
C 114 L 26
Speaker signed.
3/8/2026
C 114 L 26
Passed final passage; yeas, 66; nays, 29; absent, 0; excused, 3.
3/8/2026
C 114 L 26
House concurred in Senate amendments.
3/2/2026
C 114 L 26
Third reading, passed; yeas, 30; nays, 18; absent, 0; excused, 1.
3/2/2026
C 114 L 26
Committee amendment(s) adopted with no other amendments.
2/26/2026
C 114 L 26
Placed on second reading by Rules Committee.
2/23/2026
C 114 L 26
Passed to Rules Committee for second reading.
2/22/2026
C 114 L 26
LAW - Majority; do pass with amendment(s).
2/12/2026
C 114 L 26
First reading, referred to Law & Justice.
2/10/2026
C 114 L 26
Third reading, passed; yeas, 56; nays, 38; absent, 0; excused, 4.
2/10/2026
C 114 L 26
Rules suspended. Placed on Third Reading.
2/10/2026
C 114 L 26
Floor amendment(s) adopted.
2/10/2026
C 114 L 26
1st substitute bill substituted.
2/5/2026
C 114 L 26
Rules Committee relieved of further consideration. Placed on second reading.
1/26/2026
C 114 L 26
Referred to Rules 2 Review.
1/21/2026
C 114 L 26
Minority; without recommendation.
1/21/2026
C 114 L 26
CS - Majority; 1st substitute bill be substituted, do pass.
1/21/2026
Hsubst for
CS - Executive action taken by committee.
1/11/2026
Hsubst for
First reading, referred to Community Safety.
12/16/2025
Hsubst for
Prefiled for introduction.

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