Washington committee narrows bill’s expansion of AG’s investigative powers

Published 1:30 am Wednesday, February 25, 2026

A Washington state bill that would expand the investigative powers of the state Attorney General’s Office cleared the Senate Law & Justice Committee, but only after it was amended to narrow its scope.

It still received pushback from some committee members concerned with granting more investigative authority within the state’s top prosecutor’s office.

“The concern is that the Attorney General’s Office can’t be both the investigator and the prosecutor,” Sen. Phil Fortunato, R-Auburn, told colleagues prior to the bill’s Feb. 24 vote.

Sen. Jeff Holy, R-Spokane, agreed.

“We’re creating a one-stop shop here,” he said at the committee meeting.

Under normal circumstances, Holy said “investigators would provide information to a prosecutor … and determine whether or not that information provides adequate information resulting in a conviction based upon the information presented.

“The real problem here is that you are jumping over that and the check and balance is gone,” he said.

County prosecutors have original jurisdiction over most criminal investigations and prosecutions in their counties. This means the AG’s office cannot launch its own criminal investigations or prosecutions without a request or referral.

Currently, there are what are known as limited authority peace officers who investigate violations of laws limited to their respective agencies’ authority. As a peace officer, they may enforce traffic or criminal laws depending on the circumstances and may also seek and execute a search warrant.

House Bill 2156 would allow the AG’s office to designate its investigators with such titles; the bill originally would have had the application apply broadly, but was limited via amendment to only apply to economic and financial crimes specifically.

Another provision removed from the bill by Law & Justice that was originally added by the House before its 54-43 passage required investigators to “attest that the investigator has read the Fourth Amendment to the United States Constitution prior to each application for a search warrant.”

A further amendment by Law & Justice makes investigators subject to all applicable Criminal Justice Training Commission requirements.

Law & Justice Chair Manka Dhingra, D-Redmond, told colleagues that their powers are limited.

“These individuals do not carry guns and do have the authority to make arrests,” Dhingra said. “They are investigators.”

However, Holy said that “it just seems that there’s a lack of balance here that needs to be reasserted.”

Vice Chair Yasmin Trudeau, D-Tacoma, told colleagues that parts of the bill weren’t clear in their intent.

“I often understand the intent, but I’m a little bit confused by what we’re trying to do,” Trudeau said. “As somebody who did work there and represented the Attorney General’s Office for a long time, the way that the divisions are set up is very intentional. Most of these investigators are, in fact, I’d think if not all, former law enforcement.”

“As agencies get politicized, the Attorney General’s Office as an office is actually an incredibly conservative institution,” she added.

A separate bill introduced this session would have allowed the Department of Licensing to issue confidential drivers’ licenses and identity cards to AG’s office investigators, but the bill did not clear the House Transportation Committee following a public hearing.