Washington State Advances Police K-9 Fentanyl Training Bill

Departments must prove police dogs had proper fentanyl training for officer immunity from civil damages.Washington State has advanced a bill to train drug-sniffing dogs to detect fentanyl—and limit police liability in civil lawsuits over damages that result, according to an article in Filter magazine.

Legislators unanimously approved House Bill 1635 on January 31, after the bill failed to make it out of the House Rules Committee in 2023. If the companion bill passes the state Senate, the Washington Criminal Justice Training Commission must establish training and certification standards by December 1, according to the article. Officer immunity from civil damages would take effect on January 1, 2025, the report added.

If trained properly, the dogs will only detect fentanyl in amounts that exceed legal possession limits, the article reports. But things don’t always go according to plan, and in those cases, the article shares police would receive immunity in certain circumstances. For example, if a K-9 dog apprehended someone wearing a doctor-prescribed transdermal fentanyl patch to manage cancer pain, the article points out.

In those cases, Filter writes HB 1635 stipulates law enforcement won’t be liable if someone sues for civil damages provided:

• The dog is appropriately trained and certified,
• Handled by a law enforcement officer acting within the scope of his or her duties, and
• The damages do not arise from gross negligence or willful or wanton misconduct.