RCW 38.38.420 — Washington Code / Title 38 / Chapter 38 / Section 420
RCW 38.38.420: Depositions.
Status: in_force

(1) At any time after charges have been signed, as provided in RCW 38.38.308 , any party may take oral or written depositions unless a military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness. (2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. (3) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths. (4) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, or similar material, may be played in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears: (a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred miles from the place of trial or hearing; (b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or (c) That the present whereabouts of the witness is unknown.
RCW 38.38.268 — Washington Code / Title 38 / Chapter 38 / Section 268
RCW 38.38.268: Absent and additional members.
Status: in_force

(1) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disability or other good cause, or excused by order of the convening authority for good cause. (2) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. (3) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides. (4) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of RCW 38.38.172 (2) (a) or (b), after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
RCW 38.20.020 — Washington Code / Title 38 / Chapter 20 / Section 020
RCW 38.20.020: City may acquire armory site.
Status: in_force

Any city in the state of Washington in which a unit of the national guard is stationed, or is to be stationed, is hereby authorized and empowered to acquire a site for an armory by gift or purchase, and to construct an armory thereon, and to issue and sell its general obligation bonds for said purposes, within the debt limits prescribed by the Constitution, with full power to sell or lease the same to the state of Washington or to the United States.
RCW 38.52.210 — Washington Code / Title 38 / Chapter 52 / Section 210
RCW 38.52.210: Compensation boards—Established.
Status: in_force

(1) In each local organization for emergency management established by the legislative authority of the county in accordance with the provisions of RCW 38.52.070 , there is hereby created and established a compensation board for the processing of claims as provided in this chapter. The compensation board shall be composed of: (a) The county executive if the county has an elected county executive or, if it does not, one member of the county legislative authority selected by the authority. The executive or the member will serve as the chair of the compensation board; (b) the county director of emergency services; (c) the prosecuting attorney; (d) the emergency services coordinator for medical and health services; and (e) the county auditor who will serve as secretary of the compensation board. (2) In each local organization for emergency management established by cities and towns in accordance with RCW 38.52.070 , there is hereby created and established a compensation board for the processing of claims as provided in this chapter. The compensation board shall be composed of the mayor; the city director of emergency management; one councilmember or commissioner selected by the council or the commission; the city attorney or corporation counsel; and the local coordinator of medical and health services. The councilmember or commissioner so selected shall serve as the chair of the compensation board and the city director of emergency management shall serve as secretary of the board.
RCW 38.56.080 — Washington Code / Title 38 / Chapter 56 / Section 080
RCW 38.56.080: Emergency responder of a responding member jurisdiction—Tort liability or immunity.
Status: in_force

For purposes of tort liability or immunity, an emergency responder of a responding member jurisdiction is considered an agent of the requesting member jurisdiction. No responding member jurisdiction or its officers or employees providing assistance under this chapter is liable for any act or omission while providing or attempting to provide assistance under this chapter in good faith. For purposes of this section, good faith does not include willful misconduct, gross negligence, or recklessness.
RCW 38.52.180 — Washington Code / Title 38 / Chapter 52 / Section 180
RCW 38.52.180: Liability for property damage, bodily injury, death—Immunity—Assumption by state—Indemnification—Immunity from liability for covered volunteers.
Status: in_force

(1) There shall be no liability on the part of anyone including any person, partnership, corporation, the state of Washington or any political subdivision thereof who owns or maintains any building or premises which have been designated by a local organization for emergency management as a shelter from destructive operations or attacks by enemies of the United States for any injuries sustained by any person while in or upon said building or premises, as a result of the condition of said building or premises or as a result of any act or omission, or in any way arising from the designation of such premises as a shelter, when such person has entered or gone upon or into said building or premises for the purpose of seeking refuge therein during destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority, except for an act of willful negligence by such owner or occupant or his or her servants, agents, or employees. (2) All legal liability for damage to property or injury or death to persons (except an emergency worker, regularly enrolled and acting as such), caused by acts done or attempted during or while traveling to or from an emergency or disaster, search and rescue, or training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue, under the color of this chapter in a bona fide attempt to comply therewith, except as provided in subsections (3), (4), and (5) of this section regarding covered volunteer emergency workers, shall be the obligation of the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability, or for the indemnification of persons appointed and regularly enrolled as emergency workers while actually engaged in emergency management duties, or as members of any agency of the state or political subdivision thereof, or federally recognized Indian tribe as defined in RCW 43.376.010 , engaged in emergency management activity, or their dependents, for damage done to their private property, or for any judgment against them for acts done in good faith in compliance with this chapter: PROVIDED, That the foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of any agent of emergency management: PROVIDED, That should the United States or any agency thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property and/or for death or injury as provided for in this section, then and in that event there shall be no liability or obligation whatsoever upon the part of the state of Washington for any such damage, death, or injury for which the United States government assumes liability. (3) No act or omission by a covered volunteer emergency worker while engaged in a covered activity shall impose any liability for civil damages resulting from such an act or omission upon: (a) The covered volunteer emergency worker; (b) The supervisor or supervisors of the covered volunteer emergency worker; (c) Any facility or their officers or employees; (d) The employer of the covered volunteer emergency worker; (e) The owner of the property or vehicle where the act or omission may have occurred during the covered activity; (f) Any local organization that registered the covered volunteer emergency worker; (g) The state or any state or local governmental entity; (h) Federally recognized Indian tribes as defined in RCW 43.376.010 ; and (i) Any professional or trade association of covered volunteer emergency workers. (4) The immunity in subsection (3) of this section applies only when the covered volunteer emergency worker was engaged in a covered activity: (a) Within the scope of his or her assigned duties; (b) Under the direction of a local emergency management organization or the department, or a local law enforcement agency for search and rescue; and (c) The act or omission does not constitute gross negligence or willful or wanton misconduct. (5) For purposes of this section: (a) "Covered volunteer emergency worker" means an emergency worker as defined in RCW 38.52.010 who (i) is not receiving or expecting compensation as an emergency worker from the state or local government, or (ii) is not a state or local government employee unless on leave without pay status. (b) "Covered activity" means: (i) Providing assistance or transportation authorized by the department during an emergency or disaster or search and rescue as defined in RCW 38.52.010 , whether such assistance or transportation is provided at the scene of the emergency or disaster or search and rescue, at an alternative care site, at a hospital, or while in route to or from such sites or between sites; or (ii) Participating in training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue. (6) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency worker who shall, in the course of performing his or her duties as such, practice such professional, mechanical, or other skill during an emergency described in this chapter. (7) The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the workers' compensation law, or under any pension or retirement law, nor the right of any such person to receive any benefits or compensation under any act of congress. (8) Any act or omission by a covered volunteer emergency worker while engaged in a covered activity using an off-road vehicle, nonhighway vehicle, or wheeled all-terrain vehicle does not impose any liability for civil damages resulting from such an act or omission upon the covered volunteer emergency worker or the worker's sponsoring organization.
RCW 38.04.020 — Washington Code / Title 38 / Chapter 04 / Section 020
RCW 38.04.020: "Officer," "enlisted persons" defined—Convictions and punishments.
Status: in_force

Whenever used in this title, the word "officer" shall be understood to designate commissioned and warrant officers, and the words "enlisted persons" shall be understood to designate members of the organized militia of Washington other than commissioned or warrant officers. The convictions and punishments mentioned unless otherwise specifically designated, shall be understood to be respectively convictions and punishments by military courts.
RCW 38.04.010 — Washington Code / Title 38 / Chapter 04 / Section 010
RCW 38.04.010: General definitions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5420.SL ) ***

When used in this title, the following words, terms, phrases shall have the following meaning: The word "militia" shall mean the military forces provided for in the Constitution and laws of the state of Washington. The term "organized militia" shall be the general term to include both state and national guard and whenever used applies equally to all such organizations. The term "national guard" shall mean that part of the military force of the state that is organized, equipped and federally recognized under the provisions of the national defense act of the United States, and, in the event the national guard is called into federal service or in the event the state guard or any part or individual member thereof is called into active state service by the commander-in-chief, the term shall also include the "Washington state guard" or any temporary organization set up in times of emergency to replace either the "national guard" or "state guard" while in actual service of the United States. The term "state guard" shall mean that part of the military forces of the state that is organized, equipped, and recognized under the provisions of the State Defense Forces Act of the United States (32 U.S.C. Sec. 109, as amended). The term "active state service" or "active training duty" shall be construed to be any service on behalf of the state, or at encampments whether ordered by state or federal authority or any other duty requiring the entire time of any organization or person except when called or drafted into the federal service by the president of the United States. The term "inactive duty" shall include periods of drill and such other training and service not requiring the entire time of the organization or person, as may be required under state or federal laws, regulations, or orders, including travel to and from such duty. The terms "in service of United States" and "not in service of United States" as used herein shall be understood to mean the same as such terms when used in the national defense act of congress and amendments thereto. The term "military" refers to any or all of the armed forces. The term "armory" refers to any state-owned building, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the Washington national guard for the storage and maintenance of arms or military equipment or the administration or training of the organized militia. The term "member" refers to a soldier or airman of the organized militia.
RCW 38.52.350 — Washington Code / Title 38 / Chapter 52 / Section 350
RCW 38.52.350: Benefits furnished under federal law—Reduction of state benefits.
Status: in_force

Should the United States or any agent thereof, in accordance with any federal statute or rule or regulation, furnish monetary assistance, benefits, or other temporary or permanent relief to emergency workers or to their dependents for injuries arising out of and occurring in the course of their activities as emergency workers, then the amount of compensation which any emergency worker or his or her dependents are otherwise entitled to receive from the state of Washington as provided herein, shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the emergency worker or his or her dependents have received and will receive from the United States or any agent thereof as a result of his or her injury.
RCW 38.38.888 — Washington Code / Title 38 / Chapter 38 / Section 888
RCW 38.38.888: Short title.
Status: in_force

This chapter may be cited as the "Washington code of military justice."
RCW 38.38.484 — Washington Code / Title 38 / Chapter 38 / Section 484
RCW 38.38.484: Maximum limits—Reduction in pay grade.
Status: in_force

(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code. (2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable discharge reduces that member to pay grade E-1, effective on the date of that approval. (3) If the sentence of a member who is reduced in pay grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and privileges of which the member was deprived because of that reduction shall be restored and the member is entitled to the pay and allowances to which the member would have been entitled for the period the reduction was in effect, had he or she not been so reduced.
RCW 38.20.030 — Washington Code / Title 38 / Chapter 20 / Section 030
RCW 38.20.030: Counties may expend moneys for armory site.
Status: in_force

Any county of the state of Washington is hereby authorized and empowered to appropriate money for the purchase of an armory site whenever the legislature of this state shall appropriate money for or authorize the construction of an armory therein.
RCW 38.12.070 — Washington Code / Title 38 / Chapter 12 / Section 070
RCW 38.12.070: Examining board.
Status: in_force

No person shall be appointed and commissioned or warranted to any office in the organized militia of Washington unless he or she shall have been examined and adjudged qualified therefor by an examining board, appointed by the adjutant general, and whose report shall have been approved by the authority appointing the board. The composition, appointment and procedure of examining boards and the nature and scope of examinations shall be as prescribed by the laws or regulations of the United States or those of this state. Whenever a commissioned officer shall have been examined for promotion pursuant to this section and shall have been adjudged not qualified therefor, upon approval by the authority appointing the board of its report to that effect such officer may be honorably discharged, retired or placed in the reserve as the governor shall direct.
RCW 38.38.628 — Washington Code / Title 38 / Chapter 38 / Section 628
RCW 38.38.628: Principals.
Status: in_force

Any person subject to this code who: (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or (2) Causes an act to be done which if directly performed by him or her would be punishable by this code; is a principal.
RCW 38.56.010 — Washington Code / Title 38 / Chapter 56 / Section 010
RCW 38.56.010: Definitions.
Status: in_force

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Assistance" means emergency responders and resources provided by a responding member jurisdiction in response to a request from a requesting member jurisdiction. (2) "Department" means the state military department. (3) "Emergency" means an event or set of circumstances that: (a) Demand immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrence; or (b) reach such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010 . (4) "Emergency responder" means an employee of a responding member jurisdiction who is designated in writing by that responding member jurisdiction as possessing skills, qualifications, training, knowledge, or experience that may be needed, pursuant to a request for assistance under this chapter, for: (a) Response, mitigation, or recovery activities related to an emergency; or (b) participation in drills or exercises in preparation for an emergency. (5) "Operational control" means the limited authority to direct tasks, assignments, and use of assistance provided pursuant to a request for assistance under this chapter to address: (a) Response, mitigation, or recovery activities related to an emergency; or (b) participation in drills or exercises in preparation for an emergency. "Operational control" does not include any right, privilege, or benefit of ownership or employment such as disposition, compensation, wages, salary, pensions, health benefits, leave, seniority, discipline, promotion, hiring, or firing. (6) "Political subdivision" means any county, city, or town in the state of Washington. (7) "Requesting member jurisdiction" means a member jurisdiction that requests assistance from another member jurisdiction under this chapter. (8) "Resources" includes supplies, materials, equipment, facilities, energy, services, information, systems, and other assets except for emergency responders that may be needed, pursuant to a request for assistance under this chapter, for: (a) Response, mitigation, or recovery activities related to an emergency; or (b) participation in drills or exercises in preparation for an emergency. (9) "Responding member jurisdiction" means a member jurisdiction providing or intending to provide assistance to a requesting member jurisdiction under this chapter.
RCW 38.42.160 — Washington Code / Title 38 / Chapter 42 / Section 160
RCW 38.42.160: Termination or suspension of contracts upon receipt of military service orders.
Status: in_force

(1) A service member may, upon written notice, including electronic mail, terminate or suspend a contract described in subsection (2) of this section at any time after the date the service member receives military service orders: (a) For a permanent change of station; or (b) To deploy with a military unit, or as an individual in support of a military operation, for a period of not less than thirty days. (2) For the purposes of this section, a contract includes the provision of any of the following: (a) Telecommunication services from a telecommunications company, as defined in RCW 80.04.010 , except as provided in subsection (7) of this section; (b) Internet services provided from an internet service provider; (c) Health studio services from a health studio, as defined in RCW 19.142.010 ; and (d) Subscription television services, as defined in RCW 9A.56.010 , from a television service provider. (3) The service member must provide written proof to the service provider of the official orders showing that the service member has been called into military service: (a) At the time written notice is given; or (b) If precluded by military necessity or circumstances that make the provision of proof at the time of giving written notice unreasonable or impossible, within ninety days after written notice has been given. (4) A termination or suspension of services under this section is effective on the day written notice is given under subsection (2) of this section. The termination or suspension of services does not eliminate or alter any contractual obligation to pay for services rendered before the effective date of the written notice, unless otherwise provided for by law. (5)(a) A service member who terminates or suspends the provision of services under this section may upon giving written notice, including electronic mail, to the provider within ninety days after termination of the service member's military service, reinstate the provision of services: (i) On the same terms and conditions as originally agreed upon with the service provider before the termination or suspension, if the service member was in military service no longer than twelve consecutive months; or (ii) On the same terms and conditions that have been offered by the provider to any new consumer at the lowest discounted or promotional rate within the previous twelve-month period immediately before termination of the service member's military service, if the service member was in military service longer than twelve consecutive months. (b) Upon receipt of the written notice of reinstatement, the service provider must resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable period of time not to exceed thirty days from the date of receipt of the written notice of reinstatement. (6) A service member who terminates, suspends, or reinstates the provision of services under this section: (a) May not be charged a penalty, fee, loss of deposit, or any other additional cost because of the termination, suspension, or reinstatement; and (b) Is not liable for payment for any services after the effective date of the termination or suspension, or until the effective date of a reinstatement of services as described in subsection (4) of this section. (7) A service member may terminate a contract for any service provided by a commercial mobile radio services provider in accordance with 50 U.S.C. Sec. 3956.
RCW 38.52.535 — Washington Code / Title 38 / Chapter 52 / Section 535
RCW 38.52.535: State 911 coordination office and advisory committee—Uniform national standards.
Status: in_force

The state 911 coordination office and the 911 advisory committee may participate in efforts to set uniform national standards for the 911 emergency communications system.
RCW 38.38.748 — Washington Code / Title 38 / Chapter 38 / Section 748
RCW 38.38.748: Military property—Loss, damage, destruction, or wrongful disposition.
Status: in_force

Any person subject to this code who, without proper authority: (1) Sells or otherwise disposes of; (2) Wilfully or through neglect damages, destroys, or loses; or (3) Wilfully or through neglect suffers to be damaged, destroyed, sold or wrongfully disposed of; any military property of the United States or of the state shall be punished as a court-martial may direct.
RCW 38.24.050 — Washington Code / Title 38 / Chapter 24 / Section 050
RCW 38.24.050: Pay of officers and enlisted personnel—Wildland fire response pay.
Status: in_force

(1) Commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington, while in active state service or inactive duty, are entitled to and shall receive the same amount of pay and allowances from the state of Washington as provided by federal laws and regulations for commissioned officers, warrant officers, and enlisted personnel of the armed forces of the United States only if federal pay and allowances are not authorized. For periods of such active state service, commissioned officers, warrant officers, and enlisted personnel of the organized militia of Washington shall receive either such pay and allowances, or for wildland fire response an amount equal to the rates established by the national wildfire coordinating group administratively determined pay plans for emergency workers, or an amount equal to the state minimum wage, whichever is greater. (2) Wildland fire response pay shall have an established minimum entry rate and additional scaled pay that recognizes the longevity and responsibility scope of more senior noncommissioned officers, warrant officers, and company grade commissioned officers. The pay plan is commensurate with the pay structure of other state agencies providing resources to wildland fire response. The director of the state military department shall establish the pay structure subject to approval of the office of financial management. (3) The value of articles issued to any member and not returned in good order on demand, and legal fines or forfeitures, may be deducted from the member's pay. (4) If federal pay and allowances are not authorized, all members detailed to serve on any board or commission ordered by the governor, or on any court-martial ordered by proper authority, may, at the discretion of the adjutant general, be paid a sum equal to one day's active state service for each day actually employed on the board or court or engaged in the business thereof, or in traveling to and from the same; and in addition thereto travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended when such duty is at a place other than the city or town of his or her residence. (5) Necessary transportation, quartermasters' stores, and subsistence for troops when ordered on active state service may be contracted for and paid for as are other military bills.
RCW 38.38.392 — Washington Code / Title 38 / Chapter 38 / Section 392
RCW 38.38.392: Oaths.
Status: in_force

(1) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully. The form of the oath, the time and place of the taking thereof, the manner of recording the same, and whether the oath shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulations of the governor. These regulations may provide that an oath to perform faithfully duties as a military judge, trial counsel, assistant trial counsel, defense counsel, or assistant or associate defense counsel may be taken at any time by a judge advocate or other person certified to be qualified or competent for the duty, and if such an oath is taken it need not again be taken at the time the judge advocate, or other person, is detailed to that duty. (2) Each witness before a court-martial shall be examined on oath.
RCW 38.52.380 — Washington Code / Title 38 / Chapter 52 / Section 380
RCW 38.52.380: State compensation denied if payment prevents federal benefits.
Status: in_force

If the furnishing of compensation under the provisions of this chapter to an emergency worker or his or her dependents prevents such emergency worker or his or her dependents from receiving assistance, benefits, or other temporary or permanent relief under the provisions of a federal statute or rule or regulation, then the emergency worker and his or her dependents shall have no right to, and shall not receive, any compensation from the state of Washington under the provisions of this chapter for any injury for which the United States or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the state of Washington.
RCW 38.12.115 — Washington Code / Title 38 / Chapter 12 / Section 115
RCW 38.12.115: Officer promotion board—Meetings—Powers and duties.
Status: in_force

The officer promotion board will meet from time to time as directed by the adjutant general. The board will select the best qualified officer for each promotion to be made in the organized militia, and will do any other act pertaining thereto directed by the adjutant general or allowed or directed by statute.
RCW 38.38.480 — Washington Code / Title 38 / Chapter 38 / Section 480
RCW 38.38.480: Cruel and unusual punishments prohibited.
Status: in_force

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
RCW 38.38.192 — Washington Code / Title 38 / Chapter 38 / Section 192
RCW 38.38.192: Sentences of dismissal or dishonorable discharge to be approved by the governor.
Status: in_force

In the organized militia not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.
RCW 38.60.010 — Washington Code / Title 38 / Chapter 60 / Section 010
RCW 38.60.010: Findings.
Status: in_force

(1) The legislature acknowledges that a primary responsibility of government is to ensure public safety and that almost always an emergency response begins with a request to 911 for assistance. Requests to 911 and subsequent emergency response communications are managed by public safety telecommunicator professionals. These first responders are essential workers who continue public service throughout the pandemic, who are essential to triage requests for emergency responses and provide lifesaving instructions and guidance to those who call 911, ensuring the appropriate response for the situation; law enforcement, behavioral health, fire, and emergency medical. The public safety telecommunicator also dispatches, tracks, processes, and transmits information from the public and continually communicates with responders providing an additional layer of safety. The legislature takes special note of the contributions made by public safety telecommunicators whose tasks are arduous and whose working conditions may be contributing to the high and often critical turnover among the principal cadre of professionals who receive and process requests from the public for emergency response and provide emergency communications with public safety responders. (2) The legislature also recognizes that public safety telecommunicators are the only public safety professionals who are not required to be certified and do not have standard initial training requirements to perform their critical public safety function. Further, employers of public safety telecommunicators face challenges in attracting suitable candidates, training, and retaining of staff due to the high demand and high stress environment of this critical public safety profession. (3) The legislature finds and declares that: (a) Public safety telecommunicators must have a formal system of training, and certification and recertification standards, to ensure a standardized response is given when the public seeks assistance during an emergency and that standardized communications are in place to support public safety responders within Washington state. (b) The quality of emergency response in most cases begins with the competence of public safety telecommunicators. To ensure the availability and quality of trained public safety telecommunicators, the legislature recognizes the need to adopt and implement standardized training programs and certification and recertification requirements.
RCW 38.32.010 — Washington Code / Title 38 / Chapter 32 / Section 010
RCW 38.32.010: Nonmilitary offenses by members on-duty status.
Status: in_force

Any member of the organized militia committing nonmilitary offenses under chapter 38.38 RCW while on-duty status or within state armories shall be promptly arrested by the military authorities and turned over to the civil authorities of the county or city in which the offense was committed.
RCW 38.52.205 — Washington Code / Title 38 / Chapter 52 / Section 205
RCW 38.52.205: Claims arising from emergency management related activities—Filing—Contents.
Status: in_force

All claims against the state for property damages or indemnification therefor arising from emergency management related activities will be presented to and filed with the director of financial management. Contents of all such claims shall conform to the tort claim filing requirements found in RCW 4.92.100 as now or hereafter amended.
RCW 38.52.531 — Washington Code / Title 38 / Chapter 52 / Section 531
RCW 38.52.531: 911 advisory committee.
Status: in_force

The 911 advisory committee is created to advise and assist the state 911 coordinator in coordinating and facilitating the implementation and operation of 911 throughout the state. The director shall appoint: (1) County 911 representatives from diverse urban and rural geographical counties; (2) The statewide 988 coordinator or designee identified by the office of the governor; (3) Those who represent diverse geographical areas of the state and include state residents who are members of the national emergency number association, the association of public communications officials Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of firefighters, the Washington state council of police officers, the Washington ambulance association, the Washington state firefighters association, the Washington state association of fire marshals, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, and the Washington state association of counties; (4) The utilities and transportation commission or commission staff; (5) A representative of a voice over internet protocol company; (6) An equal number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering commercial mobile radio service in the state; (7) A representative of the Washington state department of health; and (8) Other members identified and appointed by the director.
RCW 38.32.080 — Washington Code / Title 38 / Chapter 32 / Section 080
RCW 38.32.080: Penalty for failure to obey call.
Status: in_force

Any member of the militia who shall have been ordered out for either state or federal service and who shall refuse or wilfully or negligently fail to report at the time and place and to the officer designated in the order or to the representative or successor of such officer, shall be deemed guilty of desertion, and shall suffer such penalty as a general court-martial may direct, unless he or she shall produce a sworn certificate from a licensed physician of good standing that he or she was physically unable to appear at the time and place designated. Any person chargeable with desertion under this section may be taken by force and compelled to serve.
RCW 38.38.388 — Washington Code / Title 38 / Chapter 38 / Section 388
RCW 38.38.388: Challenges.
Status: in_force

(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court shall determine the relevance and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. (2) If exercise of a challenge for cause reduces the court below the minimum number of members required by RCW 38.38.172 , all parties shall, notwithstanding RCW 38.38.268 , either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges shall not be exercised at that time. (3) Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause. (4) If exercise of a peremptory challenge reduces the court below the minimum number of members required by RCW 38.38.172 , the parties shall, notwithstanding RCW 38.38.268 , either exercise or waive any remaining peremptory challenge, that has not been previously waived, against the remaining members of the court before additional members are detailed to the court. (5) Whenever additional members are detailed to the court, and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
RCW 38.38.584 — Washington Code / Title 38 / Chapter 38 / Section 584
RCW 38.38.584: Finality of proceedings, findings and sentences.
Status: in_force

The proceedings, findings and sentences of courts-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval, as required by this code, are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided in RCW 38.38.572 .
RCW 38.38.008 — Washington Code / Title 38 / Chapter 38 / Section 008
RCW 38.38.008: Persons subject to this code.
Status: in_force

This code applies to all members of the organized militia who are not in federal service pursuant to Title 10 U.S.C.
RCW 38.38.492 — Washington Code / Title 38 / Chapter 38 / Section 492
RCW 38.38.492: Execution of confinement.
Status: in_force

(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the organized militia or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof. (2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment. (3) The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under RCW 38.38.080 , shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.
RCW 38.42.140 — Washington Code / Title 38 / Chapter 42 / Section 140
RCW 38.42.140: Civil action—Attorney general.
Status: in_force

(1) Civil proceedings to enforce this chapter may be brought by the attorney general against any person that: (a) Engages in a pattern or practice of violating this chapter; or (b) Engages in a violation of this chapter that raises an issue of significant public importance. (2) In a civil action commenced under this section, the court may: (a) Grant any appropriate equitable or declaratory relief, including costs and reasonable attorneys' fees, with respect to the violation of this chapter; (b) Award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and (c) To vindicate the public interest, assess a civil penalty: (i) In an amount not exceeding fifty-five thousand dollars for a first violation; and (ii) In an amount not exceeding one hundred ten thousand dollars for any subsequent violation. (3) Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may intervene in such an action and may obtain appropriate relief as the person could obtain in a civil action under RCW 38.42.130 with respect to that violation, along with costs and reasonable attorneys' fees.
RCW 38.12.095 — Washington Code / Title 38 / Chapter 12 / Section 095
RCW 38.12.095: Appointment or promotion of commissioned officers to be made by officer promotion board—Exceptions.
Status: in_force

Whenever a commissioned officer is to be appointed or promoted either to fill a vacancy in the organized militia (Washington army national guard, Washington air national guard and the Washington state guard) or for any other reason, the officer to be appointed or promoted shall be selected by the officer promotion board. This selection in no way will change the powers of the governor under RCW 38.12.060 . This section in no way applies to appointments or promotions to adjutant general or assistant adjutant general, to the appointment of officers to the rank of captain, lieutenant, or warrant officer, or to the promotion of second lieutenants, first lieutenants, or warrant officers.
RCW 38.14.006 — Washington Code / Title 38 / Chapter 14 / Section 006
RCW 38.14.006: Availability and composition of state guard.
Status: in_force

The Washington state guard will be available to serve, at the call of the governor in the place of the national guard of the state of Washington under the provisions of this title when the national guard is in the service of the United States, or when otherwise ordered to active state service by the governor. The Washington state guard shall consist of commissioned and warrant officers and enlisted persons commissioned, warranted, or enlisted under the provisions of this title. Persons enlisted under RCW 38.16.015 shall be enrolled in accordance with regulations promulgated by the adjutant general.
RCW 38.38.072 — Washington Code / Title 38 / Chapter 38 / Section 072
RCW 38.38.072: Imposition of restraint.
Status: in_force

(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person. (2) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of the officer's command or subject to the officer's authority into arrest or confinement. (3) A commissioned officer or a warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority the officer is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated. (4) No person may be ordered apprehended or into arrest or confinement except for probable cause. (5) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
RCW 38.38.188 — Washington Code / Title 38 / Chapter 38 / Section 188
RCW 38.38.188: Jurisdiction of summary courts-martial.
Status: in_force

(1) Subject to RCW 38.38.176 , summary courts-martial have jurisdiction to try persons subject to this code, except officers for any offense made punishable by this code. (2) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto, unless under RCW 38.38.132 the person has been permitted and has elected to refuse punishment under that section. If objection to trial by summary court-martial is made by an accused who has been permitted to refuse punishment under RCW 38.38.132 , trial shall be ordered by special or general court-martial, as may be appropriate. (3) A summary court-martial may sentence to a fine of not more than twenty-five dollars for a single offense, to forfeiture of not more than one-half month's pay for two months, to reduction in rank of enlisted soldiers, and to reduction of a noncommissioned officer to the ranks.
RCW 38.32.020 — Washington Code / Title 38 / Chapter 32 / Section 020
RCW 38.32.020: Military offenses.
Status: in_force

(1) Military offenses under chapter 38.38 RCW committed by members of the organized militia may be tried and punished as provided under chapter 38.38 RCW. (2) Primary jurisdiction over military offenses enumerated in chapter 38.38 RCW is with military authorities. Primary jurisdiction over nonmilitary offenses is with civilian authorities. If an offense may be both military and nonmilitary, the military authorities may proceed only after the civilian authorities have declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes must be determined by whether the underlying offense is a military or nonmilitary offense. (3) Any member of the organized militia committing any offense under chapter 38.38 RCW may, if such offense is committed on a military reservation of the United States within this state, be turned over to the civil authorities for trial as provided by federal law.
RCW 38.40.025 — Washington Code / Title 38 / Chapter 40 / Section 025
RCW 38.40.025: Liability of state for federal activities.
Status: in_force

Neither the state of Washington, its officers, employees, or agents, nor any member of the militia may be held liable in any civil action for damages arising out of any of the activities of the military forces of the state of Washington while engaged in activities during which the officers, employees, agents, or members are considered employees of the federal government under the federal tort claims act, *26 U.S.C. Sec. 2671 et seq.
RCW 38.38.672 — Washington Code / Title 38 / Chapter 38 / Section 672
RCW 38.38.672: Contempt towards officials.
Status: in_force

Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct.
RCW 38.38.020 — Washington Code / Title 38 / Chapter 38 / Section 020
RCW 38.38.020: Territorial applicability of the code.
Status: in_force

(1) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state, and while they are going to and returning from such service outside the state, in the same manner and to the same extent as if they were serving inside the state. (2) Courts-martial and courts of inquiry may be convened and held in units of the organized militia while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
RCW 38.44.060 — Washington Code / Title 38 / Chapter 44 / Section 060
RCW 38.44.060: Examination of records.
Status: in_force

All civil officers in each county, city and town shall allow persons authorized under this chapter to make enrollments, at all proper times, to examine their records and take copies thereof or information therefrom. It shall be the duty of every person, under the penalties provided in RCW 38.44.040 , upon application of any person legally authorized to make an enrollment, truthfully to state all of the facts within his or her knowledge concerning any individual of whom the enroller shall make inquiry. In event of a violation of this section the enroller shall report the facts to the prosecuting attorney, who shall at once proceed to enforce the penalty.
RCW 38.14.030 — Washington Code / Title 38 / Chapter 14 / Section 030
RCW 38.14.030: Training.
Status: in_force

Members of the Washington state guard may participate in such training opportunities as may be available from the federal government and as approved by the adjutant general. Where required as a condition of such participation, the military department may reimburse the federal government for the costs of such training.
RCW 38.42.020 — Washington Code / Title 38 / Chapter 42 / Section 020
RCW 38.42.020: Applicability of chapter.
Status: in_force

(1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service. (2) This chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a party. This chapter does not apply to criminal proceedings. (3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents.

PDF RCW 38.42.020

Applicability of chapter. (Effective January 1, 2026.)

(1) Any service member who is ordered to report for military service and his or her dependents are entitled to the rights and protections of this chapter during the period beginning on the date on which the service member receives the order and ending one hundred eighty days after termination of or release from military service. (2) This chapter applies to any judicial or administrative proceeding commenced in any court or agency in Washington state in which a service member or his or her dependent is a party. This chapter applies to civil asset forfeiture proceedings. This chapter does not apply to criminal proceedings. (3) This chapter shall be construed liberally so as to provide fairness and do substantial justice to service members and their dependents.
RCW 38.38.576 — Washington Code / Title 38 / Chapter 38 / Section 576
RCW 38.38.576: Remission and suspension.
Status: in_force

(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
RCW 38.38.252 — Washington Code / Title 38 / Chapter 38 / Section 252
RCW 38.38.252: Who may serve on courts-martial.
Status: in_force

(1) Any commissioned officer of or on duty with the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (2) Any warrant officer of or on duty with the organized militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial. (3)(a) Any enlisted member of the organized militia who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but shall serve as a member of a court only if, before the conclusion of a session called by the military judge under RCW 38.38.380 (1) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. (b) In this section, the word "unit" means any regularly organized body of the organized militia not larger than a company, a squadron, or a body corresponding to one of them. (4)(a) When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to the person in rank or grade. (b) When convening a court-martial, the convening authority shall detail as members thereof such members as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. (c) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. Under such regulations as the governor may prescribe, the convening authority may delegate his or her authority under this subsection to the staff judge advocate or to any other principal assistant.
RCW 38.40.210 — Washington Code / Title 38 / Chapter 40 / Section 210
RCW 38.40.210: Military department rental and lease account.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5998-S.SL ) ***

The military department rental and lease account is created in the state treasury. All receipts from the rental or lease of state-owned military department property must be deposited into the account. Money in the account may be spent only after appropriation. Expenditures from the account may be used only for operating and maintenance costs of military property. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the military department rental and lease account to the state general fund.
RCW 38.38.564 — Washington Code / Title 38 / Chapter 38 / Section 564
RCW 38.38.564: Review counsel.
Status: in_force

(1) Upon the final review of a sentence of a general court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate. (2) Upon the request of an accused entitled to be so represented, the state judge advocate shall appoint a lawyer who is a member of the organized militia and who has the qualifications prescribed in RCW 38.38.260 , if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate, in the review of cases specified in subsection (1) of this section. (3) If provided by the accused, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate.
RCW 38.52.195 — Washington Code / Title 38 / Chapter 52 / Section 195
RCW 38.52.195: Exemption from liability while providing construction, equipment, or work.
Status: in_force

Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110 , 38.52.180 , 38.52.195 , 38.52.205 , 38.52.207 , 38.52.220 , and 38.52.390 while complying with or attempting to comply with RCW 38.52.110 , 38.52.180 , 38.52.195 , 38.52.205 , 38.52.207 , 38.52.220 , and 38.52.390 or any rule or regulation promulgated pursuant to the provisions of RCW 38.52.110 , 38.52.180 , 38.52.195 , 38.52.205 , 38.52.207 , 38.52.220 , and 38.52.390 shall be liable for the death of or any injury to persons or damage to property as a result of any such activity: PROVIDED, That said exemption shall only apply where all of the following conditions occur: (1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting within the course of his or her duties as an emergency worker; (2) Where, at the time of the injury, loss, or damage, the organization for emergency management which the worker is assisting is an approved organization for emergency management; (3) Where the injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency worker; (4) Where the injury, loss, or damage is not caused by the intoxication of the worker; and (5) Where the injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker.
RCW 38.38.240 — Washington Code / Title 38 / Chapter 38 / Section 240
RCW 38.38.240: Who may convene general courts-martial.
Status: in_force

In the organized militia not in federal service pursuant to Title 10 U.S.C., general courts-martial may be convened by the president or by the governor, or by the adjutant general.
RCW 38.52.501 — Washington Code / Title 38 / Chapter 52 / Section 501
RCW 38.52.501: Statewide 911 emergency communications service—Findings.
Status: in_force

The legislature finds that statewide 911 emergency communications service has proven to be a lifesaving service and that routing a 911 call to the appropriate public safety answering point with a display of the caller's identification and location should be available for all users of telecommunications services, regardless of the technology used to make and transmit the 911 call. The legislature also finds that it is in the best public interest to ensure that there is adequate ongoing funding to support necessary 911 system upgrades as technology evolves to next generation 911 technology and beyond for 911 emergency communications baseline service statewide that supports emerging communications devices.
RCW 38.60.030 — Washington Code / Title 38 / Chapter 60 / Section 030
RCW 38.60.030: Certification board.
Status: in_force

The certification board is established in the state 911 coordination office to create a certification and training program for public safety telecommunicators throughout the state.
RCW 38.38.784 — Washington Code / Title 38 / Chapter 38 / Section 784
RCW 38.38.784: Perjury.
Status: in_force

Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code wilfully and corruptly gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial may direct.
RCW 38.42.060 — Washington Code / Title 38 / Chapter 42 / Section 060
RCW 38.42.060: Stay of proceedings when service member has notice.
Status: in_force

(1) This section applies to any civil action or proceeding in which a defendant at the time of filing an application under this section: (a)(i) Is in military service, or it is within one hundred eighty days after termination of or release from military service; or (ii) Is a dependent of a service member in military service; and (b) Has received actual notice of the action or proceeding. (2) At any stage before final judgment in a civil action or proceeding in which a service member or his or her dependent described in subsection (1) of this section is a party, the court may on its own motion and shall, upon application by the service member or his or her dependent, stay the action until one hundred eighty days after termination of or release from military service, if the conditions in subsection (3) of this section are met. (3) An application for a stay under subsection (2) of this section shall include the following: (a) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the service member's or dependent's ability to appear and stating a date when the service member or dependent will be available to appear; and (b) A letter or other communication from the service member's commanding officer stating that the service member's current military duty prevents either the service member's or dependent's appearance and that military leave is not authorized for the service member at the time of the letter. (4) An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense, including a defense relating to lack of personal jurisdiction. (5) A service member or dependent who is granted a stay of a civil action or proceeding under subsection (2) of this section may apply for an additional stay based on the continuing material affect of military duty on the service member's or dependent's ability to appear. Such application may be made by the service member or his or her dependent at the time of the initial application under subsection (2) of this section or when it appears that the service member or his or her dependent is unable to prosecute or defend the action. The same information required under subsection (3) of this subsection shall be included in an application under this subsection. (6) If the court refuses to grant an additional stay of proceedings under subsection (2) of this section, the court shall appoint counsel to represent the service member or his or her dependent in the action or proceeding. (7) A service member or dependent who applies for a stay under this section and is unsuccessful may not seek the protections afforded by RCW 38.42.050 .
RCW 38.52.190 — Washington Code / Title 38 / Chapter 52 / Section 190
RCW 38.52.190: Compensation for injury or death—Chapter exclusive.
Status: in_force

Except as provided in this chapter, an emergency worker and his or her dependents shall have no right to receive compensation from the state, from the agency, from the local organization for emergency management with which he or she is registered, or from the county or city which has empowered the local organization for emergency management to register him or her and direct his or her activities, for an injury or death arising out of and occurring in the course of his or her activities as an emergency worker.
RCW 38.38.864 — Washington Code / Title 38 / Chapter 38 / Section 864
RCW 38.38.864: Process of military courts.
Status: in_force

(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenae and subpoenae duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located. (2) Process and mandates may be issued by summary courts-martial, or the military judge of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code. (3) All officers to whom process or mandates may be so directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.
RCW 38.38.092 — Washington Code / Title 38 / Chapter 38 / Section 092
RCW 38.38.092: Delivery of offenders to civil authorities.
Status: in_force

(1) Under such regulations as may be prescribed by the adjutant general, a person subject to this code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (2) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for the offense shall, upon the request of competent military authority, be returned to military custody for the completion of the sentence.
RCW 38.38.436 — Washington Code / Title 38 / Chapter 38 / Section 436
RCW 38.38.436: Court to announce action.
Status: in_force

A court-martial shall announce its findings and sentence to the parties as soon as determined.
RCW 38.12.200 — Washington Code / Title 38 / Chapter 12 / Section 200
RCW 38.12.200: Uniform allowance to officers.
Status: in_force

Every commissioned officer of the organized militia of Washington shall, within sixty days from the date of the order whereby he or she shall have been appointed, provide at the officer's own expense the uniform and equipment prescribed by the governor for his or her rank and assignment. There shall be audited and may be paid, at the option of the adjutant general, to each properly uniformed and equipped officer of the active list of the organized militia of Washington, not in federal service an initial uniform allowance of one hundred dollars and annually thereafter for each twelve months state service an additional uniform allowance of fifty dollars, subject to such regulations as the commander-in-chief may prescribe to be audited and paid upon presentation of proper voucher.
RCW 38.38.700 — Washington Code / Title 38 / Chapter 38 / Section 700
RCW 38.38.700: Resistance, breach of arrest, and escape.
Status: in_force

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
RCW 38.52.105 — Washington Code / Title 38 / Chapter 52 / Section 105
RCW 38.52.105: Disaster response account.
Status: in_force

The disaster response account is created in the state treasury. Moneys may be placed in the account from legislative appropriations and transfers, federal appropriations, or any other lawful source. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for support of state agency and local government disaster response and recovery efforts, including the awarding of grants under RCW 38.52.600 , response by state and local government and federally recognized tribes to the novel coronavirus pursuant to the gubernatorial declaration of emergency of February 29, 2020, and to reimburse the workers' compensation funds and self-insured employers under RCW 51.16.220 . Expenditures from the disaster response account may be used for military department operations and to support wildland fire suppression preparedness, prevention, and restoration activities by state agencies and local governments. The legislature may direct the treasurer to make transfers of moneys in the disaster response account to the state general fund.
RCW 38.12.125 — Washington Code / Title 38 / Chapter 12 / Section 125
RCW 38.12.125: Officer promotion board—Composition.
Status: in_force

The officer promotion board shall be composed as follows: (1) For promotions of army national guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the army national guard senior in grade to those officers being considered by the board for promotion. (a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior. (b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member. (2) For promotions of air national guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the air national guard senior in grade to those officers being considered by the board for promotion. (a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior. (b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member. (3) For promotions of state guard officers, the adjutant general must appoint a board that includes at least five voting members who are officers in the state guard senior in grade to those officers being considered by the board for promotion. (a) Any officer appointed to the board who is not senior in grade to officers being considered for promotion must be recused from participating in the consideration for promotion of those officers to whom he or she is not senior. (b) For consideration of an officer for promotion to the grade of O5 and above, the board must include at least one general officer appointed by the adjutant general as a voting member.
RCW 38.38.536 — Washington Code / Title 38 / Chapter 38 / Section 536
RCW 38.38.536: Initial action on the record.
Status: in_force

After a trial by court-martial the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or by the governor.
RCW 38.38.532 — Washington Code / Title 38 / Chapter 38 / Section 532
RCW 38.38.532: Execution of sentence—Suspension of sentence.
Status: in_force

Except as provided in RCW 38.38.196 and 38.38.556 , a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.
RCW 38.38.416 — Washington Code / Title 38 / Chapter 38 / Section 416
RCW 38.38.416: Contempts.
Status: in_force

A military court may punish for contempt any person who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred dollars, or both.
RCW 38.14.036 — Washington Code / Title 38 / Chapter 14 / Section 036
RCW 38.14.036: Qualifications for appointment of officers.
Status: in_force

The adjutant general shall establish by regulation qualifications for appointment of commissioned and warrant officers in the Washington state guard.
RCW 38.52.510 — Washington Code / Title 38 / Chapter 52 / Section 510
RCW 38.52.510: Statewide 911 communications systems—Funding by counties—State patrol public safety answering point.
Status: in_force

(1) Each county, singly or in combination with one or more counties, must provide or participate in countywide or multicounty-wide 911 emergency communications systems so that 911 is available throughout the state. The county must provide funding for the 911 communications system in the county in an amount equal to the amount the maximum tax under RCW 82.14B.030 (1) would generate in the county less any applicable administrative fee charged by the department of revenue or the amount necessary to provide full funding of the system in the county. The state 911 coordination office established by RCW 38.52.520 must assist and facilitate 911 implementation throughout the state. (2) A county may request a Washington state patrol public safety answering point to become a primary public safety answering point and receive 911 calls from a specific geographical area and may cancel that designation at any time.
RCW 38.40.040 — Washington Code / Title 38 / Chapter 40 / Section 040
RCW 38.40.040: Interference with employment—Penalty.
Status: in_force

A person, who either alone, or with another, wilfully deprives a member of the organized militia of Washington of his or her employment or prevents such member being employed, or obstructs or annoys said member or his or her employer in their trade, business or employment, because he or she is such member, or dissuades any person from enlisting in said organized militia by threat or injury to him or her in their employment, trade or business, in case he or she shall so enlist, shall be guilty of a gross misdemeanor and on conviction thereof shall be fined in a sum not exceeding five hundred dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment.
RCW 38.38.636 — Washington Code / Title 38 / Chapter 38 / Section 636
RCW 38.38.636: Conviction of lesser included offense.
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
RCW 38.08.070 — Washington Code / Title 38 / Chapter 08 / Section 070
RCW 38.08.070: Personal staff for governor.
Status: in_force

Whenever the governor shall desire the attendance of a personal staff upon any occasion, he or she shall detail therefor officers from the active list of the organized militia of Washington; the officers detailed shall attend in uniform and shall constitute the personal staff of the governor for that occasion, reverting upon completion of such duty to their regular assignments.
RCW 38.38.856 — Washington Code / Title 38 / Chapter 38 / Section 856
RCW 38.38.856: Redress of injuries to property.
Status: in_force

(1) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the organized militia, the commanding officer may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3) of this section, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved. (2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the organized militia to which the offenders belonged. (3) Any person subject to this code who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in the person's behalf, and to cross-examine those appearing against him or her. The person has the right of appeal to the next higher commander.
RCW 38.52.005 — Washington Code / Title 38 / Chapter 52 / Section 005
RCW 38.52.005: State military department to administer emergency management program—Local organizations authorized to change name.
Status: in_force

The department shall administer the comprehensive emergency management program of the state of Washington as provided for in this chapter. All local organizations, organized and performing emergency management functions pursuant to RCW 38.52.070 , may change their name and be called the . . . . . . department/division of emergency management.
RCW 38.52.080 — Washington Code / Title 38 / Chapter 52 / Section 080
RCW 38.52.080: Outside aid—Rights and liabilities—Claims.
Status: in_force

(1) Whenever the employees of any political subdivision are rendering outside aid pursuant to the authority contained in RCW 38.52.070 such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivisions in which they are normally employed. (2) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless, within sixty days after the same is sustained or incurred, an itemized notice of such claim under oath is served by mail or otherwise upon the executive head of such political subdivision where the equipment was used. The term "employee" as used in this section shall mean, and the provisions of this section shall apply with equal effect to, volunteer auxiliary employees, and emergency workers. (3) The foregoing rights, privileges, and obligations shall also apply in the event such aid is rendered outside the state, provided that payment or reimbursement in such case shall or may be made by the state or political subdivision receiving such aid pursuant to a reciprocal mutual aid agreement or compact with such state or by the federal government.
RCW 38.42.050 — Washington Code / Title 38 / Chapter 42 / Section 050
RCW 38.42.050: Protection of service members and their dependents against default judgments.
Status: in_force

(1) This section applies to any civil action or proceeding in which a service member or his or her dependent is a defendant and does not make an appearance under applicable court rules or by law. (2) In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit: (a) Stating whether the defendant is in military service, or is a dependent of a service member in military service, and showing necessary facts to support the affidavit; or (b) If the plaintiff is unable to determine whether the defendant is in military service or is a dependent of a service member in military service, stating that the plaintiff is unable to determine whether the defendant is in military service or is a dependent of a service member in military service. (3)(a) To determine whether or not a defendant is a dependent of a service member in the military service under this chapter, the plaintiff may serve on or mail via first-class mail to the defendant a written notice in substantially the following form: "NOTICE: State and federal law provide protections to defendants who are in the military service, and to their dependents. Dependents of a service member are the service member's spouse, the service member's minor child, or an individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief. One protection provided is the protection against the entry of a default judgment in certain circumstances. This notice pertains only to a defendant who is a dependent of a member of the national guard or a military reserve component under a call to active service, or a national guard member under a call to service authorized by the governor of the state of Washington, for a period of more than thirty consecutive days. Other defendants in military service also have protections against default judgments not covered by this notice. If you are the dependent of a member of the national guard or a military reserve component under a call to active service, or a national guard member under a call to service authorized by the governor of the state of Washington, for a period of more than thirty consecutive days, you should notify the plaintiff or the plaintiff's attorneys in writing of your status as such within twenty days of the receipt of this notice. If you fail to do so, then a court or an administrative tribunal may presume that you are not a dependent of an active duty member of the national guard or reserves, or a national guard member under a call to service authorized by the governor of the state of Washington, and proceed with the entry of an order of default and/or a default judgment without further proof of your status. Your response to the plaintiff or plaintiff's attorneys about your status does not constitute an appearance for jurisdictional purposes in any pending litigation nor a waiver of your rights." (b) If the notice is either served on the defendant twenty or more days prior to an application for an order of default or a default judgment, or mailed to the defendant more than twenty-three days prior to such application, and the defendant fails to timely respond, then for purposes of entry of an order of default or default judgment, the court or administrative tribunal may presume that the defendant is not a dependent of a service member in the military service under this chapter. (c) Nothing prohibits the plaintiff from allowing a defendant more than twenty days to respond to the notice, or from amending the notice to so provide. (4) If in an action covered by this section it appears that the defendant is in military service or is a dependent of a service member in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a service member or his or her dependent cannot locate the service member or dependent, actions by the attorney in the case do not waive any defense of the service member or dependent or otherwise bind the service member or dependent. (5) In an action covered by this section in which the defendant is in military service or is a dependent of a service member in military service, the court shall grant a stay of proceedings until one hundred eighty days after termination of or release from military service, upon application of defense counsel, or on the court's own motion, if the court determines that: (a) There may be a defense to the action and a defense cannot be presented without presence of the defendant; or (b) After due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists. The defendant's failure to communicate or cooperate with counsel after having been contacted is not grounds to find that counsel has been unable to contact the defendant or that counsel has been unable to determine if a meritorious defense exists. (6) No bar to entry of judgment under subsection (4) of this section or requirement for grant of stay under subsection (5) of this section precludes the entry of temporary orders in domestic relations cases. If a court or administrative tribunal enters a temporary order as allowed under this subsection, it shall include a finding that failure to act, despite the absence of the service member, would result in manifest injustice to the other interested parties. Temporary orders issued without the service member's participation shall not set any precedent for the final disposition of the matters addressed therein. (7) If a service member or dependent who is a defendant in an action covered by this section receives actual notice of the action, the service member or dependent may request a stay of proceedings pursuant to RCW 38.42.060 . (8) A person who makes or uses an affidavit permitted under this section knowing it to be false, is guilty of a class C felony. (9) If a default judgment is entered in an action covered by this section against a service member or his or her dependent during the service member's period of military service or within one hundred eighty days after termination of or release from military service, the court entering the judgment shall, upon application by or on behalf of the service member or his or her dependent, reopen the judgment for the purpose of allowing the service member or his or her dependent to defend the action if it appears that: (a) The service member or dependent was materially affected by reason of that military service in making a defense to the action; and (b) The service member or dependent has a meritorious or legal defense to the action or some part of it. (10) If a court vacates, sets aside, or reverses a default judgment against a service member or his or her dependent and the vacating, setting aside, or reversing is because of a provision of this chapter, that action does not impair a right or title acquired by a bona fide purchaser for value.
RCW 38.38.736 — Washington Code / Title 38 / Chapter 38 / Section 736
RCW 38.38.736: Aiding the enemy.
Status: in_force

Any person subject to this code who: (1) Aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) Without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall be punished as a court-martial may direct.
RCW 38.12.160 — Washington Code / Title 38 / Chapter 12 / Section 160
RCW 38.12.160: Oath, form of.
Status: in_force

The oath of office for commissioned and warrant officers in the organized militia of Washington shall be substantially as follows: "I, . . . . . ., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the state of Washington, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the president of the United States and of the governor of the state of Washington, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of . . . . . . in the organized militia of the state of Washington upon which I am about to enter, so help me God."
RCW 38.08.040 — Washington Code / Title 38 / Chapter 08 / Section 040
RCW 38.08.040: Governor may order out organized militia.
Status: in_force

In event of war, insurrection, rebellion, invasion, tumult, riot, mob, or organized body acting together by force with intent to commit a felony or to offer violence to persons or property, or by force and violence to break and resist the laws of this state, or the United States, or in case of the imminent danger of the occurrence of any of said events, or at the lawful request of competent state or local authority in support of enforcement of controlled substance statutes, or whenever responsible civil authorities shall, for any reason, fail to preserve law and order, or protect life or property, or the governor believes that such failure is imminent, or in event of public disaster, or when otherwise required for the public health, safety, or welfare, or to perform any military duty authorized by state law, or to prepare for or recover from any of these events or the consequences thereof, the governor shall have power to order the organized militia of Washington, or any part thereof, into active service of the state to execute the laws, and to perform such duty as the governor shall deem proper.
RCW 38.38.380 — Washington Code / Title 38 / Chapter 38 / Section 380
RCW 38.38.380: Sessions.
Status: in_force

(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to RCW 38.38.328 , call the court into session without the presence of the members for the purpose of: (a) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty; (b) Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court; (c) Holding the arraignment and receiving the pleas of the accused; and (d) Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to RCW 38.38.368 and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made a part of the record. (2) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and in cases in which a military judge has been detailed to the court, the military judge.
RCW 38.38.560 — Washington Code / Title 38 / Chapter 38 / Section 560
RCW 38.38.560: Error of law—Lesser included offense.
Status: in_force

(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
RCW 38.16.040 — Washington Code / Title 38 / Chapter 16 / Section 040
RCW 38.16.040: State guard reserve.
Status: in_force

In order to afford the utmost protection to the state of Washington and to the lives and property of citizens thereof, in times of emergency or anticipation thereof, the governor, through the state military department may provide for the organization and training of state guard reserve companies in communities not allocated a federally recognized or authorized state guard unit.
RCW 38.38.872 — Washington Code / Title 38 / Chapter 38 / Section 872
RCW 38.38.872: Immunity for action of military courts.
Status: in_force

No accused may bring an action or proceeding against the convening authority or a member of a military court or officer or person acting under its authority or reviewing its proceedings because of the approval, imposition, or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court.
RCW 38.08.030 — Washington Code / Title 38 / Chapter 08 / Section 030
RCW 38.08.030: Proclamation of complete or limited martial law.
Status: in_force

The governor may by proclamation declare the county or city in which troops are serving, or any specific portion thereof, to be under either complete or limited martial law to the extent, in his or her opinion, that the reestablishment or maintenance of law and order may be promoted. "Complete martial law" is the subordination of all civil authority to the military; "Limited military law" is a partial subordination of civil authority by the setting up of an additional police power vested in the military force which shall have the right to try all persons apprehended by it in such area by a military tribunal or turn such offender over to civil authorities within five days for further action, during which time the writ of habeas corpus shall be suspended in behalf of such person.
RCW 38.38.372 — Washington Code / Title 38 / Chapter 38 / Section 372
RCW 38.38.372: Unlawfully influencing action of court.
Status: in_force

(1) No authority convening a general, special, or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his or her functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of the court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority with respect to judicial acts. The foregoing provisions of this section shall not apply with respect to (a) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or (b) to statements and instructions given in open court by the military judge, president of a special court-martial, or counsel. (2) In the preparation of an effectiveness, fitness, or efficiency report or any other report or document used in whole or in part for the purpose of determining whether a member of the organized militia is qualified to be advanced, in grade, or in determining the assignment or transfer of a member of the organized militia, or in determining whether a member of the organized militia should be retained on active duty, no person subject to this chapter may, in preparing any such report (a) consider or evaluate the performance of duty of any such member of a court-martial, or (b) give a less favorable rating or evaluation of any member of the organized militia because of the zeal with which such member, as counsel, represented any accused before a court-martial.
RCW 38.38.540 — Washington Code / Title 38 / Chapter 38 / Section 540
RCW 38.38.540: Initial action on the record—General court-martial records.
Status: in_force

The convening authority shall refer the record of each general court-martial to the staff judge advocate, who shall submit a written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
RCW 38.42.170 — Washington Code / Title 38 / Chapter 42 / Section 170
RCW 38.42.170: Termination of employment contract upon receipt of military service orders—Spouses.
Status: in_force

(1) The spouse of a service member may terminate an employment contract without penalty at any time after the service member receives military service orders for a permanent change of station if: (a) The spouse provides written notice, including email, to the employer of the termination under this section; and (b) The spouse provides written proof to the employer of the official orders showing that the service member has received military orders for a permanent change of station. (2) Termination of an employment contract under this section is effective on the day notice is given under subsection (1) of this section or on a date mutually agreed to by the parties to the employment contract. (3) An employer may not impose any penalty for termination of an employment contract under this section. (4) For purposes of this section: (a) "Employment contract" means a contract that establishes the terms of employment or other professional relationship with the spouse of a service member. "Employment contract" does not include an independent contractor agreement. (b) "Penalty" means any fee or cost or liability for breach of contract or any other adverse consequence imposed by the employer. "Penalty" does not include any requirements established by state or federal law. (5) This section applies prospectively only and not retroactively. It applies only to employment contracts entered into on or after July 23, 2023. (6) Nothing in this section shall be construed as altering the terms, conditions, or practices contained in any collective bargaining agreement in effect on July 23, 2023, until the expiration date of such agreement.
RCW 38.38.404 — Washington Code / Title 38 / Chapter 38 / Section 404
RCW 38.38.404: Pleas of the accused.
Status: in_force

(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty. (2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
RCW 38.38.316 — Washington Code / Title 38 / Chapter 38 / Section 316
RCW 38.38.316: Investigation.
Status: in_force

(1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline. (2) The accused shall be advised of the charges against him or her and of the right to be represented at that investigation by counsel. The accused has a right to be represented at that investigation as provided in RCW 38.38.376 and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything the person may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused. (3) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section unless it is demanded by the accused after being informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf. (4) If evidence adduced in an investigation under this chapter indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused: (a) Is present at the investigation; (b) Is informed of the nature of each uncharged offense investigated; and (c) Is afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section. (5) The requirements of this section are binding on all persons administering this code but failure to follow them does not divest a military court of jurisdiction.
RCW 38.52.580 — Washington Code / Title 38 / Chapter 52 / Section 580
RCW 38.52.580: State agency communication plan for emergencies and disasters—Copy to legislature—Report.
Status: in_force

Beginning December 1, 2019, a state agency that provides life safety information in an emergency or disaster must provide, to the relevant committees of the legislature, a copy of its current communication plan for notifying significant population segments of such information, including the agency's point of contact. The state agency must also submit an annual report to the relevant committees of the legislature identifying those instances of emergency or disaster in the preceding year in which life safety information was provided and what public messaging strategies and means were used to notify citizens with limited English proficiency.
RCW 38.38.796 — Washington Code / Title 38 / Chapter 38 / Section 796
RCW 38.38.796: Conduct unbecoming an officer and a gentleman.
Status: in_force

Any commissioned officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
RCW 38.38.260 — Washington Code / Title 38 / Chapter 38 / Section 260
RCW 38.38.260: Detail of trial counsel and defense counsel.
Status: in_force

(1)(a) Trial counsel and defense counsel shall be detailed for each general and special court-martial. Assistant trial counsel and assistant and associate defense counsel may be detailed for each general and special court-martial. The governor shall prescribe regulations providing for the manner in which counsel are detailed for such courts-martial and for the persons who are authorized to detail counsel for such courts-martial. (b) No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution. (2) Trial counsel or defense counsel detailed for a general court-martial: (a) Must be a judge advocate who is a graduate of an accredited law school or is a member of the bar of a federal court or of the highest court of a state, or must be a member of the bar of a federal court or of the highest court of a state; and (b) Must be certified as competent to perform such duties by the state judge advocate. (3) In the case of a special court-martial: (a) The accused shall be afforded the opportunity to be represented at the trial by counsel having the qualifications prescribed under subsection (2) of this section unless counsel having such qualifications cannot be obtained on account of physical conditions or military exigencies. If counsel having such qualifications cannot be obtained, the court may be convened and the trial held but the convening authority shall make a detailed written statement, to be appended to the record, stating why counsel with such qualifications could not be obtained; (b) If the trial counsel is qualified to act as counsel before a general court-martial, the defense counsel detailed by the convening authority must be a person similarly qualified; and (c) If the trial counsel is a judge advocate or a member of the bar of a federal court or the highest court of a state, the defense counsel detailed by the convening authority must be one of the foregoing.
RCW 38.52.040 — Washington Code / Title 38 / Chapter 52 / Section 040
RCW 38.52.040: Emergency management council—Members—Ad hoc committees—Rules review—Function as state emergency response commission—Cybersecurity advisory committee—Intrastate mutual aid committee.
Status: in_force

(1) There is hereby created the emergency management council (hereinafter called the council), to consist of not more than 21 members who shall be appointed by the adjutant general. The membership of the council shall include, but not be limited to, representatives of city and county governments, two representatives of federally recognized tribes, sheriffs and police chiefs, county coroners and medical examiners, the Washington state patrol, the military department, the department of ecology, state and local fire chiefs, seismic safety experts, state and local emergency management directors, search and rescue volunteers, medical professions who have expertise in emergency medical care, building officials, private industry, and the office of the superintendent of public instruction. The representatives of private industry shall include persons knowledgeable in emergency and hazardous materials management. The councilmembers shall elect a chair from within the council membership. The members of the council shall serve without compensation, but may be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. (2) The emergency management council shall advise the governor and the director on all matters pertaining to state and local emergency management. The council may appoint such ad hoc committees, subcommittees, and working groups as are required to develop specific recommendations for the improvement of emergency management practices, standards, policies, or procedures. The council shall ensure that the governor receives an annual assessment of statewide emergency preparedness including, but not limited to, specific progress on hazard mitigation and reduction efforts, implementation of seismic safety improvements, reduction of flood hazards, mitigation of cybersecurity risks to critical infrastructure, and coordination of hazardous materials planning and response activities. The council shall review administrative rules governing state and local emergency management practices and recommend necessary revisions to the director. (3) The council or a council subcommittee shall serve and periodically convene in special session as the state emergency response commission required by the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). The state emergency response commission shall conduct those activities specified in federal statutes and regulations and state administrative rules governing the coordination of hazardous materials policy including, but not limited to, review of local emergency planning committee emergency response plans for compliance with the planning requirements in the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). Committees shall annually review their plans to address changed conditions, and submit their plans to the state emergency response commission for review when updated, but not less than at least once every five years. The department may employ staff to assist local emergency planning committees in the development and annual review of these emergency response plans, with an initial focus on the highest risk communities through which trains that transport oil in bulk travel. By March 1, 2018, the department shall report to the governor and legislature on progress towards compliance with planning requirements. The report must also provide budget and policy recommendations for continued support of local emergency planning. (4)(a) The cybersecurity advisory committee is created and is a subcommittee of the emergency management council. The purpose of the cybersecurity advisory committee is to provide advice and recommendations that strengthen cybersecurity in both industry and public sectors across all critical infrastructure sectors. (b) The cybersecurity advisory committee shall bring together organizations with expertise and responsibility for cybersecurity and incident response among local government, tribes, state agencies, institutions of higher education, the technology sector, and first responders with the goal of providing recommendations on building and sustaining the state's capability to identify and mitigate cybersecurity risk and to respond to and recover from cybersecurity-related incidents, including but not limited to ransomware incidents. With respect to critical infrastructure, the cybersecurity advisory committee shall work with relevant federal agencies, state agencies, institutions of higher education as defined in chapter 28B.92 RCW, industry experts, and technical specialists to: (i) Identify which local, tribal, and industry infrastructure sectors are at the greatest risk of cyberattacks and need the most enhanced cybersecurity measures; (ii) Use federal guidance to analyze categories of critical infrastructure in the state that could reasonably result in catastrophic consequences if unauthorized cyber access to the infrastructure occurred; (iii) Recommend cyber incident response exercises that relate to risk and risk mitigation in the water, transportation, communications, health care, elections, agriculture, energy, and higher education sectors, or other sectors as the cybersecurity advisory committee deems appropriate, in consultation with appropriate state agencies including, but not limited to, the energy resilience and emergency management office at the department of commerce and the secretary of state's office; and (iv) Examine the inconsistencies between state and federal law regarding cybersecurity. (c) In fulfilling its duties under this section, the military department and the cybersecurity advisory committee shall collaborate with Washington technology solutions and the technology services board security subcommittee created in RCW 43.105.291 . (d) In order to protect sensitive security topics and information, the cybersecurity advisory committee must follow 6 C.F.R. Part 29, as it existed on July 23, 2023, procedures for handling critical infrastructure information. The reports produced, and information compiled, pursuant to this subsection are confidential and may not be disclosed under chapter 42.56 RCW. (e) The cybersecurity advisory committee must contribute, as appropriate, to the emergency management council annual report and must meet quarterly. The cybersecurity advisory committee shall hold a joint meeting once a year with the technology services board security subcommittee created in RCW 43.105.291 . (f) For the purpose of this subsection, "ransomware" has the same meaning as in RCW 43.105.020 . (5)(a) The intrastate mutual aid committee is created and is a subcommittee of the emergency management council. The intrastate mutual aid committee consists of not more than five members who must be appointed by the council chair from council membership. The chair of the intrastate mutual aid committee is the military department representative appointed as a member of the council. Meetings of the intrastate mutual aid committee must be held at least annually. (b) In support of the intrastate mutual aid system established in chapter 38.56 RCW, the intrastate mutual aid committee shall develop and update guidelines and procedures to facilitate implementation of the intrastate mutual aid system by member jurisdictions, including but not limited to the following: Projected or anticipated costs; checklists and forms for requesting and providing assistance; recordkeeping; reimbursement procedures; and other implementation issues. These guidelines and procedures are not subject to the rule-making requirements of chapter 34.05 RCW. (6) On emergency management issues that involve early learning, kindergarten through twelfth grade, or higher education, the emergency management council must consult with representatives from the following organizations: The department of children, youth, and families; the office of the superintendent of public instruction; the state board for community and technical colleges; and an association of public baccalaureate degree-granting institutions.
RCW 38.38.744 — Washington Code / Title 38 / Chapter 38 / Section 744
RCW 38.38.744: False official statements.
Status: in_force

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial may direct.
RCW 38.52.920 — Washington Code / Title 38 / Chapter 52 / Section 920
RCW 38.52.920: Repeal and saving.
Status: repealed

Chapter 177, Laws of 1941, chapters 6 and 24, Laws of 1943, and chapter 88, Laws of 1949 are repealed: PROVIDED, That this section shall not affect the validity of any order, rule, regulation, contract, or agreement made or promulgated under authority of the repealed acts, which orders, rules, regulations, contracts, or agreements shall remain in force until they may be repealed, amended, or superseded by orders, rules, regulations, contracts, or agreements made or promulgated under this chapter: PROVIDED FURTHER, That this section shall not affect the tenure of any officer, employee, or person serving under authority of any repealed act and such officer, employee, or person shall continue in his or her position until such time as a successor is appointed or employed under the provisions of this chapter.
RCW 38.52.170 — Washington Code / Title 38 / Chapter 52 / Section 170
RCW 38.52.170: Plan for federal area.
Status: in_force

Whenever the director finds that it will be in the interest of the emergency management of this state or of the United States, the director may, with the approval of the governor, agree with the federal government, or any agency thereof carrying on activities within this state, upon a plan of emergency management applicable to a federally owned area, which plan may or may not conform to all of the other provisions of this chapter with the view to integrating federally owned areas into the comprehensive plan and program of the emergency management of this state. Such plan may confer upon persons carrying out such plan any or all of the rights, powers, privileges and immunities granted employees or representatives of the state and/or its political subdivisions by this chapter. The plan of emergency management authorized under this section may not include preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
RCW 38.38.408 — Washington Code / Title 38 / Chapter 38 / Section 408
RCW 38.38.408: Opportunity to obtain witnesses and other evidence.
Status: in_force

(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the governor may prescribe. (2) The president of a special court-martial, military judge, military magistrate, or a summary court officer may: (a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court; (b) Issue subpoenas duces tecum and other subpoenas; (c) Enforce by attachment the attendance of witnesses and the production of books and papers; and (d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the state. (3) Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall run to any part of the state and shall be executed by civil officers as prescribed by the laws of the state.
RCW 38.38.064 — Washington Code / Title 38 / Chapter 38 / Section 064
RCW 38.38.064: Apprehension.
Status: in_force

(1) Apprehension is the taking of a person into custody. (2) Any person authorized by this code, or by regulations issued under it, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer authorized to do so by law, may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it. (3) Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
RCW 38.52.550 — Washington Code / Title 38 / Chapter 52 / Section 550
RCW 38.52.550: Emergency communications systems and information—Immunity from civil liability.
Status: in_force

A telecommunications company, radio communications service company, or interconnected voice over internet protocol service company, providing emergency communications systems or services or a business or individual providing database information to 911 emergency communications personnel is not liable for civil damages caused by an act or omission of the company, business, or individual, the state, political subdivisions[,] and any 911 public corporations in the: (1) Good faith release of information not in the public record, including unpublished or unlisted subscriber information to emergency service providers responding to calls placed to an [a] 911 emergency communications service; or (2) Design, development, installation, maintenance, or provision of consolidated 911 emergency communications systems or services other than an act or omission constituting gross negligence or wanton or willful misconduct.
RCW 38.38.668 — Washington Code / Title 38 / Chapter 38 / Section 668
RCW 38.38.668: Missing movement.
Status: in_force

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move shall be punished as a court-martial may direct.
RCW 38.52.198 — Washington Code / Title 38 / Chapter 52 / Section 198
RCW 38.52.198: Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work—Immunity from liability.
Status: in_force

No person engaged in mine rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the scene of any emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, assistance, or recovery services shall be liable for any civil damages as a result of any act or omission by any person in rendering emergency care, rescue, assistance, or recovery service.
RCW 38.52.250 — Washington Code / Title 38 / Chapter 52 / Section 250
RCW 38.52.250: Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
Status: in_force

A majority of the compensation board shall constitute a quorum, and no business shall be transacted when a majority is not present, and no claim shall be allowed when a majority of the board has not voted favorably thereon. The board shall send a copy of the minutes of all meetings to the department with copies of all material pertaining to each claim submitted and noting the action of the board on each claim. Appeals may be made by the emergency worker from any action by the board within one year by writing to the department.
RCW 38.38.644 — Washington Code / Title 38 / Chapter 38 / Section 644
RCW 38.38.644: Conspiracy.
Status: in_force

Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
RCW 38.52.200 — Washington Code / Title 38 / Chapter 52 / Section 200
RCW 38.52.200: Liability for compensation is in lieu of other liability—Exception.
Status: in_force

Liability for the compensation provided by this chapter, as limited by the provisions thereof, is in lieu of any other liability whatsoever to an emergency worker or his or her dependents or any other person on the part of the state, the agency, the local organization for emergency management with which the emergency worker is registered, and the county or city which has empowered the local organization for emergency management to register him or her and direct his or her activities, for injury or death arising out of and in the course of his or her activities while on duty as an emergency worker: PROVIDED, That nothing in this chapter shall limit or bar the liability of the state or its political subdivisions engaged in proprietary functions as distinguished from governmental functions that may exist by reason of injury or death sustained by an emergency worker.
RCW 38.38.656 — Washington Code / Title 38 / Chapter 38 / Section 656
RCW 38.38.656: Unlawful enlistment, appointment, or separation.
Status: in_force

Any person subject to this code who effects an enlistment or appointment in or a separation from the organized militia of any person who is known to the person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
RCW 38.12.135 — Washington Code / Title 38 / Chapter 12 / Section 135
RCW 38.12.135: Officer promotion board—Official acts—Approval requirements—Rules.
Status: in_force

To be an official act of the officer promotion board, an act of that board must be approved by not less than four of the members of the board: PROVIDED, HOWEVER, That if the board consists of less than four officers, the approval of the board shall be unanimous. An action of an officer promotion board may be an official act of the board without a meeting if all members of the board approve in writing the act in question. The adjutant general will from time to time fix the rules under which the board will operate.
RCW 38.38.440 — Washington Code / Title 38 / Chapter 38 / Section 440
RCW 38.38.440: Record of trial.
Status: in_force

(1) Each general court-martial shall keep a separate record of the proceedings in each case brought before it, and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions which would impose such a duty on a member under this subsection. (2) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner required by such regulations as the governor may prescribe. (3)(a) A complete record of the proceedings and testimony shall be prepared: (i) In each general court-martial case in which the sentence adjudged includes a dismissal, a discharge, or, if the sentence adjudged does not include a discharge, any other punishment which exceeds that which may otherwise be adjudged by a special court-martial; and (ii) In each special court-martial case in which the sentence adjudged includes a dishonorable discharge. (b) In all other court-martial cases, the record shall contain such matters as may be prescribed by regulations of the governor. (4) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
RCW 38.42.010 — Washington Code / Title 38 / Chapter 42 / Section 010
RCW 38.42.010: Definitions.
Status: in_force

*** CHANGE IN 2026 *** (SEE 5420.SL ) ***

The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise. (1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter. (2) "Business loan" means a loan or extension of credit granted to a business entity that: (a) Is owned and operated by a service member, in which the service member is either (i) a sole proprietor, or (ii) the owner of at least fifty percent of the entity; and (b) experiences a material reduction in revenue due to the service member's military service. (3) "Dependent" means: (a) The service member's spouse; (b) The service member's minor child; or (c) An individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief under this chapter. (4) "Financial institution" means an institution as defined in RCW 30A.22.041 . (5) "Judgment" does not include temporary orders as issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation, creation of a temporary parenting plan, or entry of a temporary protective or restraining order. (6) "Military service" means a service member: (a) Under a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days; or (b) Under a call to active service authorized by the governor under RCW 38.08.040 for a period of more than thirty consecutive days. (7) "National guard" has the meaning in RCW 38.04.010 . (8) "Service member" means an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state.
RCW 38.52.430 — Washington Code / Title 38 / Chapter 52 / Section 430
RCW 38.52.430: Emergency response caused by person's intoxication—Recovery of costs from convicted person.
Status: in_force

A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502 ; (2) physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, RCW 46.61.504 ; (3) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220 ; (4) use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040 ; (5) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520 (1)(a); or (6) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522 (1)(b), is liable for the expense of an emergency response by a public agency to the incident. The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident. Upon a finding by the court that the expenses are reasonable, the court shall order the defendant to reimburse the public agency. The cost reimbursement shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute. The court may establish a payment schedule for the payment of the cost reimbursement, separate from any payment schedule imposed for other fines and costs. All payments for the cost reimbursement must be remitted directly to the public agency or agencies that incurred the cost associated with the emergency response. In no event shall a person's liability under this section for the expense of an emergency response exceed two thousand five hundred dollars for a particular incident. If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of chapter 39.34 RCW.
RCW 38.32.120 — Washington Code / Title 38 / Chapter 32 / Section 120
RCW 38.32.120: Authority of commanding officer.
Status: in_force

(1) The commanding officer at any drill, parade, encampment or other duty may place in arrest for the time of such drill, parade, encampment or other duty any person or persons who shall trespass on the camp grounds, parade grounds, rifle range or armory, or in any way or manner interrupt or molest the orderly discharge of duty of those on duty, or who shall disturb or prevent the passage of troops going to or returning from any regularly ordered tour of duty; and may prohibit and prevent the sale or use of all spirituous liquors, wines, ale or beer, or holding of huckster or auction sales, and all gambling therein, and remove disorderly persons beyond the limits of such parade or encampment, or within a distance of two miles therefrom, and the commanding officer shall have full authority to abate as common nuisances all disorderly places, and bar all unauthorized sales within such limits. (2) Any person violating this section, or any order issued in pursuance thereof, is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars, or imprisoned not more than thirty days, or both such fine and imprisonment. (3) No license or renewal thereof shall be issued or granted to any person, firm or corporation for the sale of intoxicating or spirituous liquors within a distance of three hundred feet from any armory used by the state of Washington for military purposes, without the approval of the adjutant general.
RCW 38.38.640 — Washington Code / Title 38 / Chapter 38 / Section 640
RCW 38.38.640: Attempts.
Status: in_force

(1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing to effect its commission, is an attempt to commit that offense. (2) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed. (3) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
RCW 38.38.308 — Washington Code / Title 38 / Chapter 38 / Section 308
RCW 38.38.308: Charges and specifications.
Status: in_force

(1) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: (a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and (b) That they are true in fact to the best of his or her knowledge and belief. (2) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
RCW 38.38.844 — Washington Code / Title 38 / Chapter 38 / Section 844
RCW 38.38.844: Authority to administer oaths.
Status: in_force

(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public: (a) The state judge advocate and all assistant state judge advocates; (b) All law specialists or paralegals; (c) All summary courts-martial; (d) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (e) The military judge, president, trial counsel, and assistant trial counsel for all general and special courts-martial; (f) The president and the counsel for the court of any court of inquiry; (g) All officers designated to take a deposition; (h) All commanding officers of units of the organized militia; (i) All officers of the organized militia designated as recruiting officers; (j) All persons detailed to conduct an investigation; and (k) All other persons designated by regulations of the adjutant general. (2) The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.
RCW 38.38.396 — Washington Code / Title 38 / Chapter 38 / Section 396
RCW 38.38.396: Statute of limitations.
Status: in_force

(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (2) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offense punishable under RCW 38.38.784 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command. (3) Except as otherwise provided in this section, a person charged with any offense is not liable to be tried by court-martial or punished under RCW 38.38.132 if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under RCW 38.38.132 . (4) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section. (5) If charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations: (a) Has expired; or (b) Will expire within one hundred eighty days after the date of dismissal of the charges and specifications[,] [then] trial and punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in subsection (6) of this section are met. (6) The conditions referred to in subsection (5) of this section are that the new charges and specifications must: (a) Be received by an officer exercising summary court-martial jurisdiction over the command within one hundred eighty days after the dismissal of the charges or specifications; and (b) Allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
RCW 38.38.800 — Washington Code / Title 38 / Chapter 38 / Section 800
RCW 38.38.800: General article.
Status: reserved

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the organized militia, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court. However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, extortion, assault in the first degree, burglary, or housebreaking, jurisdiction of which is reserved to civil courts.
RCW 38.04.030 — Washington Code / Title 38 / Chapter 04 / Section 030
RCW 38.04.030: Composition of the militia.
Status: in_force

The militia of the state of Washington shall consist of all able bodied citizens of the United States and all other able bodied persons who have declared their intention to become citizens of the United States, residing within this state, who shall be more than eighteen years of age, and shall include all persons who are members of the national guard and the state guard, and said militia shall be divided into two classes, the organized militia and the unorganized militia.
RCW 38.44.020 — Washington Code / Title 38 / Chapter 44 / Section 020
RCW 38.44.020: Notice of enrollment.
Status: in_force

Persons making an enrollment under this chapter shall, at the time of making same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to the enrollee personally or by leaving it with some person of suitable age and discretion at his or her place of business or residence, or by mailing such notice to him or her at the enrollee's last known place of residence, and shall make a return under oath of such service to accompany the copy of the enrollment filed with the adjutant general. The return shall be prima facie evidence of the facts therein.
RCW 38.44.040 — Washington Code / Title 38 / Chapter 44 / Section 040
RCW 38.44.040: Penalties for dereliction or false certificate.
Status: in_force

If any officer or person, who becomes charged under this chapter with any duty relating to an enrollment of persons subject to military duty, refuses or neglects to perform the same within the time and substantially in the manner required by law, or if he or she shall knowingly make any false certificate, or if, when acting as county or assistant enrolling officer, he or she shall knowingly or willfully omit from the roll any person required by this chapter to be enrolled he or she shall thereby forfeit not less than one hundred nor more than five hundred dollars, to be sued for in the name of the state of Washington by the prosecuting attorney of the county in which such offense shall occur, the amount of the penalty to be determined by the court, and, when recovered, to be paid into the general fund of the state.
RCW 38.38.248 — Washington Code / Title 38 / Chapter 38 / Section 248
RCW 38.38.248: Summary courts-martial of organized militia not in federal service—Who may convene.
Status: in_force

(1) In the organized militia not in federal service pursuant to Title 10 U.S.C., anyone authorized to convene a special court-martial, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal. (2) When only one commissioned officer is present with a command or detachment the commissioned officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable.
RCW 38.52.545 — Washington Code / Title 38 / Chapter 52 / Section 545
RCW 38.52.545: Priorities for 911 funding.
Status: in_force

In specifying rules defining the purposes for which available state 911 moneys may be expended, the state 911 coordinator, with the advice and assistance of the 911 advisory committee, must consider needs necessary to provide a baseline level of 911 service by individual counties and their designated Washington state patrol public safety answering points. Priorities for available 911 emergency communications system funding are as follows: (1) To procure, fund, and manage the statewide 911 network and supporting services, and assure that 911 dialing is operational statewide; (2) To assist counties and Washington state patrol public safety answering points to provide 911 emergency communications systems and associated administrative and operational costs as necessary to assure that they can achieve a baseline level of service for 911 operations; and (3) To assist counties and their designated Washington state patrol public safety answering points to acquire 911 hardware, software, and technology to support a 911 emergency communications system baseline level of service.
RCW 38.38.632 — Washington Code / Title 38 / Chapter 38 / Section 632
RCW 38.38.632: Accessory after the fact.
Status: in_force

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.
RCW 38.38.184 — Washington Code / Title 38 / Chapter 38 / Section 184
RCW 38.38.184: Jurisdiction of special courts-martial—Dishonorable discharge.
Status: in_force

Subject to RCW 38.38.176 , special courts-martial have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial has the same powers of punishment as a general court-martial, except that a fine imposed by a special court-martial may not be more than one hundred dollars for a single offense. A dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under RCW 38.38.260 was detailed to represent the accused, and a military judge was detailed to the trial, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
RCW 38.38.716 — Washington Code / Title 38 / Chapter 38 / Section 716
RCW 38.38.716: Misbehavior before the enemy.
Status: in_force

Any person subject to this code who before or in the presence of the enemy: (1) Runs away; (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the person's duty to defend; (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property; (4) Casts away arms or ammunition; (5) Is guilty of cowardly conduct; (6) Quits a place of duty to plunder or pillage; (7) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the organized militia; (8) Wilfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is the person's duty so to encounter, engage, capture, or destroy; or (9) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state, or to any other state, when engaged in battle; shall be punished as a court-martial may direct.
RCW 38.42.130 — Washington Code / Title 38 / Chapter 42 / Section 130
RCW 38.42.130: Civil action—Person aggrieved.
Status: in_force

(1) Any person aggrieved by a violation of this chapter may in a civil action: (a) Obtain any appropriate equitable or declaratory relief with respect to the violation; and (b) Recover all other appropriate relief, including monetary damages. (2) The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under this section the costs of the action, including reasonable attorneys' fees.
RCW 38.48.050 — Washington Code / Title 38 / Chapter 48 / Section 050
RCW 38.48.050: Acceptance of national defense facilities act.
Status: in_force

The legislature hereby expresses its intention to secure to this state the benefits of the act of congress entitled the "National Defense Facilities Act" (10 U.S.C. Sec. 2231, et seq., as amended), and the state military department shall be charged with the duty to cooperate with any official or agency of the United States having powers or duties under the provisions of the said act of congress for the acquisition, construction, expansion, rehabilitation or conversion of facilities necessary for the administration and training of units of the state military department and reserve components of the armed forces of the United States. The provisions of the said act of congress are hereby accepted by this state and this state will observe and comply with the requirements thereof.
RCW 38.52.505 — Washington Code / Title 38 / Chapter 52 / Section 505
RCW 38.52.505: Statewide 911 emergency service—Automatic location identification—Rules.
Status: in_force

The adjutant general shall establish rules on minimum information requirements of automatic location identification for the purposes of 911 emergency service. Such rules shall permit the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to take into consideration local circumstances when approving the accuracy of location information generated when calls are made to 911 from facilities within his or her service area.
RCW 38.38.568 — Washington Code / Title 38 / Chapter 38 / Section 568
RCW 38.38.568: Vacation of suspension.
Status: in_force

(1) Before the vacation of the suspension of a special court-martial sentence, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if the probationer so desires. (2) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (1) of this section. If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed. (3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
RCW 38.20.040 — Washington Code / Title 38 / Chapter 20 / Section 040
RCW 38.20.040: Rental of property, armories, and small arms ranges.
Status: in_force

All armories and small arms ranges and all property, real or personal, used by the national guard and not owned by the state of Washington or the United States, shall be leased or rented to the state upon such terms and conditions as shall be approved by the commander-in-chief.
RCW 38.40.110 — Washington Code / Title 38 / Chapter 40 / Section 110
RCW 38.40.110: Employment or membership in other organizations—Discrimination prohibited—Penalty—Civil cause of action.
Status: in_force

No club, society, association, corporation, employer, or organization shall by any constitution, rule, bylaws, resolution, vote or regulation, or otherwise, discriminate against or refuse to hire, employ, or reemploy any member of the organized militia of Washington because of his or her membership in said organized militia. Any person or persons, club, society, association, employer, corporation, or organization, violating or aiding, abetting, or assisting in the violation of any provision of this section shall be guilty of a misdemeanor and on conviction thereof shall be fined in any sum not exceeding one hundred dollars and in addition thereto shall forfeit the right to do business for a period of thirty days. Any person who has been discriminated against in violation of this section shall have a civil cause of action for damages.
RCW 38.12.105 — Washington Code / Title 38 / Chapter 12 / Section 105
RCW 38.12.105: Criteria and guidelines for promotion of commissioned officers.
Status: in_force

All promotions of commissioned officers in the organized militia will be made on a best-qualified basis. The officer promotion board will select the best-qualified officer for each promotion from among those officers fully qualified for promotion. To be promoted, the selected officer must also meet the requirements of RCW 38.12.070 . In no event will seniority be the sole guideline for selecting the officer to be promoted. The officer promotion board will, in determining the best qualified officer, consider the overall qualifications of an officer and not just the qualifications for one position.
RCW 38.60.040 — Washington Code / Title 38 / Chapter 60 / Section 040
RCW 38.60.040: Certification board—Duties.
Status: in_force

Duties of the certification board include: (1) Adopting bylaws for the certification board; (2) Adopting rules, with the advice and assistance of the 911 advisory committee, to implement the provisions of this chapter including, but not limited to, rules to implement a state-approved training program for process, policy, and procedure; (3) Reviewing and approving state-approved training programs biennially. State-approved training programs should be consistent with industry standards; (4) Setting all public safety telecommunicator certification, registration, and renewal fees, and to collect and deposit all such fees in the 911 account established under RCW 38.52.540 ; and (5) Establishing recertification requirements.
RCW 38.08.020 — Washington Code / Title 38 / Chapter 08 / Section 020
RCW 38.08.020: Governor as commander-in-chief—Adjutant general executive head.
Status: in_force

The militia of the state not in the service of the United States shall be governed and its affairs administered pursuant to law, by the governor, as commander-in-chief, through the adjutant general's department, of which the adjutant general shall be the executive head.
RCW 38.38.688 — Washington Code / Title 38 / Chapter 38 / Section 688
RCW 38.38.688: Failure to obey order or regulation.
Status: in_force

Any person subject to this code who: (1) Violates or fails to obey any lawful general order or regulation; (2) Having knowledge of any other lawful order issued by a member of the organized militia which it is the person's duty to obey, fails to obey the order; or (3) Is derelict in the performance of the person's duties; shall be punished as a court-martial may direct.
RCW 38.38.368 — Washington Code / Title 38 / Chapter 38 / Section 368
RCW 38.38.368: Governor may prescribe rules.
Status: in_force

The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the governor by regulations, which shall, so far as the governor considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the state, but which may not be contrary to or inconsistent with this code.
RCW 38.60.050 — Washington Code / Title 38 / Chapter 60 / Section 050
RCW 38.60.050: Certification board—Representation.
Status: in_force

The certification board shall represent diverse stakeholders of the 911 system and shall consist of the following volunteer members: (1) The chair or vice chair of the 911 advisory committee; (2) Two public safety answering point directors or 911 coordinators, one from the eastside and one from the westside of the Cascade mountains appointed by the 911 advisory committee; (3) Two labor union representatives from labor unions representing public safety telecommunicators; (4) One representative appointed by the Washington association of sheriffs and police chiefs; (5) One representative appointed by the Washington state fire chiefs association; (6) One representative from the Washington state association of counties appointed by the Washington state association of counties; and (7) Two public safety telecommunicators from a public safety answering point, one from the eastside and one from the westside of the Cascade mountains appointed by the 911 advisory committee.
RCW 38.52.091 — Washington Code / Title 38 / Chapter 52 / Section 091
RCW 38.52.091: Mutual aid and interlocal agreements—Requirements.
Status: in_force

(1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements must be consistent with the state emergency management plan and program, and in time of emergency it is the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. The adjutant general shall maintain and distribute a mutual aid and interlocal agreement handbook. (2) The adjutant general and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. All such arrangements must contain the language and provisions in subsection (3) of this section. (3) Mutual aid and interlocal agreements must include the following: Purpose The purpose must state the reason the mutual aid or interlocal agreement or compact is coordinated, the parties to the agreement or compact, and the assistance to be provided. Authorization Article I, section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts. Implementation The conditions that guide the agreement or compacts may include, but are not limited to: (a) A statement of which authority or authorities are authorized to request and receive assistance and the conditions that must exist for the request or receipt of assistance. (b) A statement of how the requests for assistance may be made, what documentation of the request is required, the specifics of any details included in the request, and the required approval for the request. (c) A statement of the direction and control relationship between the personnel and equipment provided by the jurisdiction to the requester and the requirements of the requester to coordinate the activities of the jurisdiction providing the assets. (d) A statement of the circumstances by which the assisting jurisdiction may withdraw support from the requester and the method by which this is to be communicated. General Fiscal Provisions The terms of reimbursement must be stated defining the relationship between the requesting jurisdiction and the aiding jurisdiction, when reimbursement will be made, and details of the claim for reimbursement. The provisions may include statements that discuss but are not limited to: (a) A statement of what costs are incurred by the requesting jurisdiction. (b) A statement of what costs and compensation benefits are made to individuals from the aiding jurisdiction by the requesting jurisdiction. Privileges and Immunities The conditions and immunities that are enjoyed by the individuals from the aiding jurisdiction to the requesting jurisdiction must be stated. These provisions may include but are not limited to: (a) A statement of the privileges and immunities from liability and the law an employee of a supporting jurisdiction enjoys while supporting the requesting jurisdiction. (b) A statement of the privileges and immunities from liability and the law a volunteer from a supporting jurisdiction enjoys while supporting the requesting jurisdiction. (c) A statement on the use of the national guard between the requesting and supporting jurisdictions. (d) A hold harmless agreement between the signatory jurisdictions. (e) The precedence this agreement takes with existing agreements. (f) A time line by which information required by the agreement is exchanged and updated annually. (g) The time in which the agreement becomes effective. (h) The time and conditions when a signatory may withdraw and render the agreement ineffective.
RCW 38.36.120 — Washington Code / Title 38 / Chapter 36 / Section 120
RCW 38.36.120: Fees and mileage.
Status: in_force

Fees and mileage allowed for the service of process and for civilian witnesses shall be the same as in civil actions. All expenditures necessary to carry the provisions of chapter 130, Laws of 1943, into effect are hereby authorized to be incurred, and paid out of the appropriations for the maintenance of the organized militia of Washington.
RCW 38.38.760 — Washington Code / Title 38 / Chapter 38 / Section 760
RCW 38.38.760: Reckless or impaired operation of a vehicle, aircraft, or vessel.
Status: in_force

(1) Any person subject to this code who: (a) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in RCW 38.38.762 ; or (b) Operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under subsection (2) of this section; or (c) Operates or is in actual physical control of any vehicle, aircraft, or vessel in a reckless or wanton manner shall be punished as a court-martial may direct. (2) For purposes of subsection (1) of this section, the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per two hundred ten liters of breath, as shown by chemical analysis. (3) For purposes of this section, "blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.
RCW 38.38.424 — Washington Code / Title 38 / Chapter 38 / Section 424
RCW 38.38.424: Admissibility of records of courts of inquiry.
Status: in_force

(1) In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence. (2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer. (3) Such testimony may also be read in evidence before a court of inquiry or a military board.
RCW 38.52.610 — Washington Code / Title 38 / Chapter 52 / Section 610
RCW 38.52.610: Emergency shelters—Accommodation of companion animals.
Status: in_force

(1) A political subdivision, under existing plan structures, shall, to the extent practicable based on available resources and site-specific circumstances, address cosheltering for emergency shelters in each update of its local comprehensive emergency management plan required by RCW 38.52.070 . (2) A political subdivision, under existing plan structures, shall, to the extent practicable based on available resources and site-specific circumstances, identify emergency shelters able to accommodate persons with companion animals. (3) Whenever a political subdivision identifies any number of emergency shelters in response to a natural disaster or extreme weather event, it should, to the extent practicable, identify at least one coshelter. (4) An emergency shelter that is identified to accommodate persons with companion animals must have safety procedures regarding the sheltering of companion animals and comply with disaster assistance policies and procedures published by the federal emergency management agency. (5) A political subdivision shall provide companion animal emergency preparedness information on its website, including: (a) To the extent practicable, whether each identified emergency shelter can accommodate companion animals; (b) Information for creating a companion animal evacuation plan and emergency checklist, consistent with the federal emergency management agency recommendations; and (c) Identification of local organizations that provide emergency companion animal assistance. (6) The following definitions apply to this section: (a) "Companion animal" means a domesticated animal, such as a dog or cat, that is commonly kept in the home for pleasure rather than for commercial purposes; (b) "Coshelter" means a temporary shelter that allows an individual to stay in an adjacent area or the same facility as a companion animal; (c) "Emergency shelter" means a temporary location that provides basic shelter for individuals affected by an emergency or disaster; and (d) "Existing plan structure" means planning documents describing how political subdivisions, in collaboration with nonprofit organizations, and state and federal government, will provide emergency shelter and temporary housing to individuals displaced by a disaster.
RCW 38.40.120 — Washington Code / Title 38 / Chapter 40 / Section 120
RCW 38.40.120: Authorized military organizations.
Status: in_force

No organized body other than the recognized militia organizations of this state, armed forces of the United States, students of educational institutions where military science is a prescribed part of the course of instruction or bona fide veterans organizations shall associate themselves together as a military company or organize or parade in public with firearms: PROVIDED, That nothing herein shall be construed to prevent authorized parades by the organized militia of another state or armed forces of foreign countries. Any person participating in any such unauthorized organization shall be guilty of a misdemeanor.
RCW 38.38.400 — Washington Code / Title 38 / Chapter 38 / Section 400
RCW 38.38.400: Former jeopardy.
Status: in_force

(1) No person may, without the person's consent, be tried a second time in any military court of the state for the same offense. (2) No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. (3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
RCW 38.52.110 — Washington Code / Title 38 / Chapter 52 / Section 110
RCW 38.52.110: Use of existing services and facilities—Impressment of citizenry—First informer broadcasters.
Status: in_force

(1) In carrying out the provisions of this chapter, the governor and the executive heads of the political subdivisions of the state are directed to utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the state, political subdivisions, and all other municipal corporations thereof including but not limited to districts and quasi municipal corporations organized under the laws of the state of Washington to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the governor and to the emergency management organizations of the state upon request notwithstanding any other provision of law. (2) The governor, the chief executive of counties, cities and towns and the emergency management directors of local political subdivisions appointed in accordance with this chapter, in the event of a disaster, after proclamation by the governor of the existence of such disaster, shall have the power to command the service and equipment of as many citizens as considered necessary in the light of the disaster proclaimed: PROVIDED, That citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and immunities as are provided by this chapter and federal and state emergency management regulations for registered emergency workers. (3) A vehicle, fuel, food, water, or other essential materials brought into an area affected by an emergency or disaster by a first informer broadcaster may not be seized or confiscated, except as otherwise authorized by law.
RCW 38.20.010 — Washington Code / Title 38 / Chapter 20 / Section 010
RCW 38.20.010: Regulations governing armories.
Status: in_force

Except as provided in this section, state-owned armories shall be used strictly for military purposes. (1) One room, together with the necessary furniture, heat, light, and janitor service, may be set aside for the exclusive use of bona fide veterans' organizations subject to the direction of the officer in charge. Members of these veterans' organizations and their auxiliaries shall have access to the room and its use at all times. (2) A bona fide veterans' organization may use any state armory for athletic and social events without payment of rent whenever the armory is not being used by the organized militia. The adjutant general may require the veterans' organization to pay the cost of heating, lighting, or other miscellaneous expenses incidental to this use. (3) The adjutant general may permit transient lodging of service personnel in armories. (4) The adjutant general may, upon the recommendation of the executive head or governing body of a county, city or town, permit transient lodging of anyone in armories. The adjutant general may require the county, city or town to pay no more than the actual cost of staffing, heating, lighting and other miscellaneous expenses incidental to this use. (5) Civilian rifle clubs affiliated with the National Rifle Association of America are permitted to use small arms ranges in the armories at least one night each week under regulations prescribed by the adjutant general. (6) State-owned armories shall be available, at the discretion of the adjutant general, for public and private use upon payment of rental charges and compliance with regulations of the state military department. Children attending primary and high schools have a preferential right to use these armories. The adjutant general shall prepare a schedule of rental charges, including a cleaning deposit, and utility costs for each state-owned armory which may not be waived except for activities sponsored by the organized militia or activities provided for in subsection (4) of this section. The rental charges derived from armory rentals less the cleaning deposit shall be paid into the military department rental and lease account under RCW 38.40.210 .
RCW 38.52.340 — Washington Code / Title 38 / Chapter 52 / Section 340
RCW 38.52.340: Benefits under other compensation plans.
Status: in_force

Nothing in this chapter shall deprive any emergency worker or his or her dependents of any right to compensation for injury or death sustained in the course of his or her regular employment even though his or her regular work is under direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some other compensation plan, and receives the benefits of such plan shall not also receive any compensation under this chapter. The department shall adopt such rules and regulations as may be necessary to protect the rights of such workers and may enter into agreements with authorities in charge of other compensation plans to insure protection of such workers: PROVIDED, That if the compensation from some other plan is less than would have been available under this chapter, he or she shall be entitled to receive the deficiency between the amount received under such other plan and the amount available under this chapter.
RCW 38.38.880 — Washington Code / Title 38 / Chapter 38 / Section 880
RCW 38.38.880: Delegation of authority by the governor.
Status: in_force

The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any such authority, except the power given him or her by RCW 38.38.192 and 38.38.240 .
RCW 38.12.060 — Washington Code / Title 38 / Chapter 12 / Section 060
RCW 38.12.060: Officers to be commissioned by the governor.
Status: in_force

All commissioned and warrant officers of the organized militia of Washington shall be appointed and commissioned or warranted by the governor only as hereinafter provided. No person shall be so appointed and commissioned or warranted unless he or she shall be a citizen of the United States and of this state and more than eighteen years of age. Every commissioned and warranted officer shall hold office under his or her commission or warrant until he or she shall have been regularly appointed and commissioned or warranted to another rank or office, or until he or she shall have been regularly retired, discharged, dismissed or placed in the reserve.
RCW 38.60.060 — Washington Code / Title 38 / Chapter 60 / Section 060
RCW 38.60.060: Limitation of liability.
Status: in_force

(1) No act or omission of any certified public safety telecommunicator or crisis call center staff or designated 988 contact hub staff related to the transfer of calls from the 911 line to the 988 crisis hotline or from the 988 crisis hotline to the 911 line, done or omitted in good faith, within the scope of the certified public safety telecommunicator's employment responsibilities with the public safety answering point and the crisis call center or designated 988 contact hub and in accordance with call system transfer protocols adopted by both the department of health and the emergency management division shall impose liability upon: (a) The certified public safety telecommunicator or the certified public safety telecommunicator's supervisor; (b) The public safety answering point or its officers, staff, or employees; (c) The clinical staff of the crisis call center or designated 988 contact hub or their clinical supervisors; (d) The crisis call center or designated 988 contact hub or its officers, staff, or employees; or (e) Any member of a mobile rapid response crisis team or community-based crisis team endorsed under RCW 71.24.903 . (2) This section shall not apply to any act or omission which constitutes either gross negligence or willful or wanton misconduct.
RCW 38.16.015 — Washington Code / Title 38 / Chapter 16 / Section 015
RCW 38.16.015: Period of enlistment in state guard.
Status: in_force

(1) The period of enlistment in the Washington state guard shall be set by regulation by the adjutant general or the adjutant general's designee. (2) Notwithstanding subsection (1) of this section and RCW 38.12.180 (2), the adjutant general, or the adjutant general's designee, may extend the service age upon request by an active member of the Washington state guard if the adjutant general, or the adjutant general's designee, determines the member's extension would be in the best interest of the Washington state guard. Extensions under this subsection have a two-year duration and may be renewed beyond the age of sixty-four, subject to the discretion of the adjutant general or the adjutant general's designee, if: (a) The member is physically and mentally capable to complete all assigned mission tasks; and (b) The Washington state guard officer review board recommends the extension.
RCW 38.24.070 — Washington Code / Title 38 / Chapter 24 / Section 070
RCW 38.24.070: Washington national guard member referral incentive program.
Status: in_force

(1) There is created the Washington national guard member referral incentive program. The purpose of the program is to incentivize and maximize peer-to-peer recruiting that results in a completed accession to the Washington national guard by providing a referral bonus to Washington national guard members who make a successful referral. Administration of this program requires that: (a) A Washington national guard member may provide the identity and contact information of a person who the member believes would be an appropriate recruitment prospect using a form provided by the Washington national guard, which includes the person's name, contact information, and any other information required by the state military department. (b) The state military department shall keep a record of all forms submitted under (a) of this subsection. Upon the completed accession of a referred person and to the extent sufficient funds are available, the state military department shall distribute a referral bonus to the member who provided the successful referral. (2) Members of the Washington national guard serving in command or senior enlisted advisor positions, as well as those assigned recruiting as a primary or additional duty, are ineligible for the Washington national guard member referral incentive program. (3) For the purposes of this section: (a) "Completed accession" means the referred person signs the referred person's name to an enlistment contract for entry or reentry after prior service into the Washington national guard; (b) "Referral bonus" means a monetary payment set each calendar year by the adjutant general not to exceed $500.00; (c) "Successful referral" means providing the identity and contact information in subsection (1)(a) of this section of any person not already a member of the Washington national guard that results in a completed accession to the Washington national guard.
RCW 38.38.860 — Washington Code / Title 38 / Chapter 38 / Section 860
RCW 38.38.860: Execution of process and sentence.
Status: in_force

In the organized militia not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.
RCW 38.52.280 — Washington Code / Title 38 / Chapter 52 / Section 280
RCW 38.52.280: Compensation and benefits limited by appropriation.
Status: in_force

No compensation or benefits shall be paid or furnished to emergency workers or their dependents pursuant to the provisions of this chapter except from money appropriated for the purpose of this chapter.
RCW 38.38.876 — Washington Code / Title 38 / Chapter 38 / Section 876
RCW 38.38.876: Presumption of jurisdiction.
Status: in_force

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
RCW 38.38.376 — Washington Code / Title 38 / Chapter 38 / Section 376
RCW 38.38.376: Duties of trial counsel and defense counsel.
Status: in_force

(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state, and shall, under the direction of the court, prepare the record of the proceedings. (2) The accused has the right to be represented in his or her defense before a general or special court-martial or at an investigation under RCW 38.38.316 as provided in this subsection. (a) The accused may be represented by civilian counsel if provided at his or her own expense. (b) The accused may be represented by: (i) Military counsel detailed under RCW 38.38.260 ; or (ii) Military counsel of his or her own selection if that counsel is reasonably available, as determined under regulations prescribed under subsection (3) of this section. (c) If the accused is represented by civilian counsel, military counsel detailed or selected under (b) of this subsection shall act as associate counsel unless excused at the request of the accused. (d) Except as provided under (e) of this subsection, if the accused is represented by military counsel of his or her own selection under (b)(ii) of this subsection, any military counsel detailed under (b)(i) of this subsection shall be excused. (e) The accused is not entitled to be represented by more than one military counsel. However, the person authorized under regulations prescribed under RCW 38.38.260 to detail counsel in his or her sole discretion: (i) May detail additional military counsel as assistant defense counsel; and (ii) If the accused is represented by military counsel of his or her own selection under (b)(ii) of this subsection, may approve a request from the accused that military counsel detailed under (b)(i) of this subsection act as associate defense counsel. (3) The state judge advocate shall, by regulation, define "reasonably available" for the purpose of subsection (2) of this section and establish procedures for determining whether the military counsel selected by an accused under subsection (2) of this section is reasonably available. (4) In any court-martial proceeding resulting in a conviction, the defense counsel: (a) May forward for attachment to the record of proceedings a brief of such matters as he or she determines should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate; (b) Shall assist the accused in the submission of any matter under RCW 38.38.536 ; and (c) May take other action authorized by this chapter. (5) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when qualified to be a trial counsel as required by RCW 38.38.260 , perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel. (6) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when qualified to be the defense counsel as required by RCW 38.38.260 , perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
RCW 38.42.030 — Washington Code / Title 38 / Chapter 42 / Section 030
RCW 38.42.030: Protection of persons secondarily liable.
Status: in_force

(1) Whenever pursuant to this chapter a court stays, postpones, or suspends (a) the enforcement of an obligation or liability, (b) the prosecution of a suit or proceeding, (c) the entry or enforcement of an order, writ, judgment, or decree, or (d) the performance of any other act, the court may likewise grant such a stay, postponement, or suspension to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily subject to the obligation or liability the performance or enforcement of which is stayed, postponed, or suspended. (2) When a judgment or decree is vacated or set aside, in whole or in part, pursuant to this chapter, the court may also set aside or vacate, as the case may be, the judgment or decree as to a surety, guarantor, endorser, accommodation maker, comaker, or other person who is or may be primarily or secondarily liable on the contract or liability for the enforcement of the judgment decree.
RCW 38.44.010 — Washington Code / Title 38 / Chapter 44 / Section 010
RCW 38.44.010: Commander-in-chief may order enrollment.
Status: in_force

Whenever the commander-in-chief shall deem it necessary, in event of, or imminent danger of war, insurrection, rebellion, invasion, tumult, riot, resistance to law or process, breach of the peace, public disaster, or the imminent occurrence of any of these events, the commander-in-chief may order an enrollment by counties of all persons subject to military duty, designating the county assessor or some other person for each county to act as county enrolling officer. Each county enrolling officer may appoint such assistant or assistants as may be authorized by the commander-in-chief. In each county the enrollment shall include every sane able bodied inhabitant not under sentence for a felony, who is more than eighteen and less than forty-five years of age. The enrollment shall be made in triplicate and shall state the name, residence, age, occupation and previous or existing military or naval service of each person enrolled. When complete the rolls shall be verified under oath by the enrolling officer, who shall immediately thereupon file one copy with the adjutant general of the state and another with the county auditor, retaining the third copy for himself or herself.
RCW 38.24.010 — Washington Code / Title 38 / Chapter 24 / Section 010
RCW 38.24.010: Payment of military claims and expenses.
Status: in_force

All bills, claims and demands for military purposes shall be certified or verified and audited in the manner prescribed by regulations promulgated by the governor and shall be paid by the state treasurer from funds available for that purpose. In all cases where the organized militia, or any part of the organized militia, is called into active state service to perform duties under RCW 38.08.040 , except for anticipated planning, training, exercises, and other administrative duties that are not of an emergent nature, warrants for allowed pay and expenses for such services or compensation for injuries or death shall be drawn upon the general fund of the state treasury and paid out of any moneys in said fund not otherwise appropriated. All such warrants shall be the obligation of the state and shall bear interest at the legal rate from the date of their presentation for payment. Claims and expenses for organized militia in active state service under RCW 38.08.040 that are not paid under this section may be paid under RCW 38.40.220 .
RCW 38.12.170 — Washington Code / Title 38 / Chapter 12 / Section 170
RCW 38.12.170: Termination of officers' membership—Review of retention potential.
Status: in_force

The governor may terminate the membership of any commissioned or warrant officer of the organized militia of Washington for any of the following reasons: (1) Conviction of an infamous crime; (2) Absence from his or her command for more than thirty days without proper leave; (3) Sentence of dismissal by court-martial, duly approved; (4) Upon muster out of the organization to which the officer is then assigned; (5) Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible; (6) Removal of his or her actual residence to such distance from the station of his or her command as to render it impracticable for him or her to perform the duties of his or her office; (7) Incompetence or unfitness for military service as determined by the duly approved findings of a board of officers appointed for that purpose by the adjutant general. The adjutant general shall annually appoint and convene qualitative retention boards to review the military personnel records of officers who have completed three or more years service in the Washington state guard to determine their retention potential and acceptability for continuation in an active status. In the conduct of the reviews, the regulation issued by the adjutant general to implement this provision shall conform to the extent practicable to that governing the army national guard.
RCW 38.38.012 — Washington Code / Title 38 / Chapter 38 / Section 012
RCW 38.38.012: Jurisdiction to try certain personnel.
Status: in_force

No person who has deserted from the organized militia may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
RCW 38.52.575 — Washington Code / Title 38 / Chapter 52 / Section 575
RCW 38.52.575: Information in automatic number identification or automatic location identification database that is part of county 911 emergency communications system—Other information associated with county 911 emergency communications system—Exemption from public inspection and copying.
Status: in_force

(1) Information contained in an automatic number identification or automatic location identification database that is part of a county 911 emergency communications system as defined in RCW 82.14B.020 and intended for display at a public safety answering point with incoming 911 voice or data is exempt from public inspection and copying under chapter 42.56 RCW. (2) Information voluntarily submitted to be contained in a database that is part of or associated with a county 911 emergency communications system as defined in RCW 82.14B.020 and intended for the purpose of display at a public safety answering point with incoming 911 voice or data is exempt from public inspection and copying under chapter 42.56 RCW. (3) This section shall not be interpreted to prohibit: (a) Display of information at a public safety answering point; (b) Dissemination of information by the public safety answering point to police, fire, or emergency medical responders for display on a device used by police, fire, or emergency medical responders for the purpose of handling or responding to emergency calls or for training; (c) Maintenance of the database by a county; (d) Dissemination of information by a county to local agency personnel for inclusion in an emergency notification system that makes outgoing calls to telephone numbers to provide notification of a community emergency event; (e) Inspection or copying by the subject of the information or an authorized representative; or (f) The public disclosure of information prepared, retained, disseminated, transmitted, or recorded, for the purpose of handling or responding to emergency calls, unless disclosure of any such information is otherwise exempted under chapter 42.56 RCW or other law.
RCW 38.42.100 — Washington Code / Title 38 / Chapter 42 / Section 100
RCW 38.42.100: Inappropriate use of chapter.
Status: in_force

If a court determines, in any proceeding to enforce a civil right, that any interest, property, or contract has been transferred or acquired with the intent to delay the just enforcement of such right by taking advantage of this chapter, the court shall enter such judgment or make such order as might lawfully be entered or made concerning such transfer or acquisition.
RCW 38.42.110 — Washington Code / Title 38 / Chapter 42 / Section 110
RCW 38.42.110: Restructure of business loan interest rate.
Status: in_force

(1) Upon the request of a service member with a qualifying business loan, the financial institution must restructure the interest rate of the loan to the equivalent provisions in the federal servicemembers civil relief act (50 U.S.C. App. 501 et seq.). The service member must notify the institution at least five days prior to the beginning of military service and submit official documentation that substantiates their eligibility for the protections of this chapter. (2) This section applies only to loans with an outstanding balance of less than one hundred thousand dollars at the time the service member is called to military service. (3) This section applies only to business loans executed on or after January 1, 2007.
RCW 38.12.180 — Washington Code / Title 38 / Chapter 12 / Section 180
RCW 38.12.180: Retirement of officers.
Status: in_force

Commissioned officers of the organized militia of Washington shall be retired by order of the commander-in-chief with the rank respectively held by them at the time of such retirement for the following reasons: (1) Unfitness for military service by reason of permanent physical disability. (2) Upon request after at least five years continuous service as an officer in the organized militia of Washington. Except as provided otherwise in RCW 38.16.015 (2), commissioned officers of the state guard shall upon reaching the age of sixty-four years be retired. Retired officers shall draw no pay or allowance from the state unless recalled to service. Retired officers are subject, with their consent, to temporary detail on active state service by the commander-in-chief, and while on such duty shall receive the same pay and allowances as officers of like rank on the active list.
RCW 38.38.264 — Washington Code / Title 38 / Chapter 38 / Section 264
RCW 38.38.264: Detail or employment of reporters and interpreters.
Status: in_force

Under such regulations as the governor may prescribe, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
RCW 38.52.115 — Washington Code / Title 38 / Chapter 52 / Section 115
RCW 38.52.115: Liability of federal, state, and local agencies, and employees—Facilitation of access of first informer broadcaster.
Status: in_force

Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating access of a first informer broadcaster to an area affected by an emergency or disaster.
RCW 38.32.090 — Washington Code / Title 38 / Chapter 32 / Section 090
RCW 38.32.090: Penalty for physician making false certificate.
Status: in_force

Any physician who shall knowingly make and deliver a false certificate of physical disability concerning any member of the militia who shall have been ordered out or summoned for active service is guilty of perjury under chapter 9A.72 RCW and, upon conviction, as an additional penalty, shall forfeit forever his or her license and right to practice in this state.
RCW 38.38.384 — Washington Code / Title 38 / Chapter 38 / Section 384
RCW 38.38.384: Continuances.
Status: in_force

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time and as often as may appear to be just.
RCW 38.52.160 — Washington Code / Title 38 / Chapter 52 / Section 160
RCW 38.52.160: Matching funds from political subdivision may be required.
Status: in_force

The emergency management agency is hereby authorized to require of any political subdivision to which funds are allocated under this chapter for any project, use or activity that such subdivision shall provide matching funds in equal amounts with respect to such project, use or activity.
RCW 38.38.712 — Washington Code / Title 38 / Chapter 38 / Section 712
RCW 38.38.712: Noncompliance with procedural rules.
Status: in_force

Any person subject to this code who: (1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or (2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused; shall be punished as a court-martial may direct.
RCW 38.42.120 — Washington Code / Title 38 / Chapter 42 / Section 120
RCW 38.42.120: Federal servicemembers civil relief act—Applicability.
Status: in_force

(1) The federal servicemembers civil relief act of 2003, P.L. 108-189, as amended, is specifically declared to apply in proper cases in all the courts of this state. (2) A violation of the federal servicemembers civil relief act of 2003 is a violation of this chapter.
RCW 38.32.100 — Washington Code / Title 38 / Chapter 32 / Section 100
RCW 38.32.100: Buying and receiving military property.
Status: in_force

Any person who shall purchase or receive in pawn or pledge any military property of the state or of the United States shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or imprisoned for not more than six months or both such fine and imprisonment.
RCW 38.38.676 — Washington Code / Title 38 / Chapter 38 / Section 676
RCW 38.38.676: Disrespect towards superior commissioned officer.
Status: in_force

Any person subject to this code who behaves with disrespect towards his or her superior commissioned officer shall be punished as a court-martial may direct.
RCW 38.42.090 — Washington Code / Title 38 / Chapter 42 / Section 090
RCW 38.42.090: Computation of statutes of limitation.
Status: in_force

(1) The period of a service member's military service may not be included in computing any period limited by law, rule, or order, for the bringing of any action or proceeding in a court, or in any board bureau, commission, department, or other agency of a state, or political subdivision of a state, or the United States by or against the service member or the service member's dependents, heirs, executors, administrators, or assigns. (2) A period of military service may not be included in computing any period provided by law for the redemption of real property sold or forfeited to enforce an obligation, tax, or assessment. (3) This section does not apply to any period of limitation prescribed by or under the internal revenue laws of the United States.
RCW 38.38.572 — Washington Code / Title 38 / Chapter 38 / Section 572
RCW 38.38.572: Petition for a new trial.
Status: in_force

At any time within two years after approval by the convening authority of a court-martial sentence which extends to dismissal or dishonorable discharge, the accused may petition the governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
RCW 38.16.020 — Washington Code / Title 38 / Chapter 16 / Section 020
RCW 38.16.020: Discharge of enlisted persons.
Status: in_force

An enlisted person discharged from service in the organized militia of Washington shall receive a notice of discharge in writing in such form and classification as is or shall be prescribed by law or regulations, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as may be prescribed by competent authority.