Historic Police Reform in Washington — A Summary of 2021 Legislation
The 2021 Washington State legislative session wrapped up with Governor Jay Inslee signing more than a dozen bills into law that were designed by the legislature to reform police conduct in Washington State. Senator Jamie Pedersen, Chair of the Senate Law & Justice Committee explains, “The public outcry over a series of high-profile deaths of members of Black, Indigenous, and people of color communities has now led to the most significant new accountability measures in our state’s history…. The killing of George Floyd, Manuel Ellis, Charleena Lyles, John T. Williams and many others compelled us to craft laws to protect our whole community by limiting police use of force, increasing transparency, and improving accountability.”
The Washington Fraternal Order of Police President Marco Monteblanco responded to the May 18 signing of a dozen bills with a press release stating, “The Washington Fraternal Order of Police and the 3,200 law enforcement officers we represent recognize the need for change within the law enforcement profession in order to rebuild the public’s trust in what we as peace officers do every day…. While we disagree with several provisions of the bills signed by the governor, this approach is what’s necessary to begin rebuilding the trust, confidence and relationships we need within the communities we serve.” Here are links to fourteen enacted session laws and some information about each of them. Most of the laws took effect on July 25, 2021 with a few exceptions.
HB 1001, entitled “Establishing a law enforcement professional development outreach grant program,” became Ch. 52 of the Laws of 2021. It establishes a grant program to help local law enforcement agencies recruit a diverse workforce, recognizing that they should “reflect the demographics of the communities they serve” and that “[a] dynamic, diverse, community-oriented police force will improve external relations and therefore ensure the effective delivery of services to the public.”
HB 1054, entitled “Establishing requirements for tactics and equipment used by peace officers,” became Ch. 320 of the Laws of 2021. Among other changes it bans “no knock” warrants, the use of K9 units to apprehend suspects, choke holds and vascular restraints, and limits vehicular pursuit and the use of tear gas and military equipment.
HB 1088, entitled “Concerning potential impeachment disclosures,” became Ch. 322 of the Laws of 2021. This law requires law enforcement agencies to report to prosecutors within 10 days any potentially exculpatory evidence regarding a criminal defendant or if an officer has engaged in misconduct affecting his or her credibility. Prior to hiring an officer with previous law enforcement experience, the agency must ask the officer’s previous employer whether the officer has ever been subject to potential impeachment disclosure.
HB 1089, entitled “Concerning compliance audits of requirements relating to peace officers and law enforcement agencies,” became Ch. 319 of the Laws of 2021. This law requires the State Auditor to determine whether every deadly force investigation is in compliance with laws and regulations.
HB 1140, entitled “Concerning juvenile access to attorneys when contacted by law enforcement,” became Ch. 328 of the Laws of 2021. It requires that juveniles be given access to an attorney prior to waiver of any constitutional rights. The legislation makes Washington State a leader in protecting the rights of juveniles suspected of committing a crime. The legislation goes into effect January 1, 2022.
HB 1223, entitled “Enacting the uniform electronic recordation of custodial interrogations act,” became Ch. 329 of the Laws of 2021. This law, most of which becomes effective January 1, 2022, adopts UERCIA (Uniform Electronic Recording of Custodial Interrogations Act) which requires the recording of the entirety of custodial interrogations. Three other states have enacted this uniform law, including Delaware in 2021.
HB 1267, entitled “Concerning investigation of potential criminal conduct arising from police use of force, including custodial injuries, and other officer-involved incidents,” became Ch. 318 of the Laws of 2021. The legislation creates a statewide Office of Independent Investigation with the power to investigate any officer’s use of deadly force and to reopen investigations done by other agencies or departments when new evidence is found. The Office is set to begin its operations July 1, 2022.
HB 1310, entitled “Concerning permissible uses of force by law enforcement and correctional officers,” became Ch. 324 of the Laws of 2021. It limits the use of physical force to the least amount necessary to overcome resistance. It requires the use of de-escalation tactics and that officers leave the area after being called “if there is no threat of imminent harm and no crime has been committed, is being committed, or is about to be committed.” This provision has been criticized by some in the law enforcement community as forbidding “community caretaking” police visits but a confidential Attorney General memorandum, released by its requesters in the House of Representatives, finds that “[n]either the statute’s plain language nor its expressed intent evidence any limitation on peace officers responding to community caretaking calls.”
SB 5476, entitled in the engrossed version as “Responding to the State v. Blake decision by addressing justice system responses and behavioral health prevention, treatment, and related services,” became Ch. 311 of the Laws of 2021. This law, effective on various dates by section on May 13, 2021 to July 1, 2022, addresses the Supreme Court’s State v. Blake decision, which found the old simple possession of a controlled substance statute to be unconstitutional as it lacked a mental state element showing the defendant had knowledge of the possession. The ACLU has summarized the Legislature’s response to the decision. Section 13 of the new law requires law enforcement to refer those in possession of a controlled substance to substance abuse assessment and services. See our The War on Drugs Turns 50 — Developments in the Law and Resources blog post for more information on SB 5476.
SB 5051, entitled “Concerning state oversight and accountability of peace officers and corrections officers,” became Ch. 323 of the Laws of 2021. Among other reforms the legislation provides a number of grounds requiring the Criminal Justice Training Commission to deny or revoke certification of a peace officer or corrections officer. Policies, procedures, and rules implementing the reforms must be in place by June 30, 2022.
SB 5066, entitled “Concerning a peace officer’s duty to intervene,” became Ch. 321 of the Laws of 2021. It requires on-duty officers to end the excessive use of force by another officer and to report it. Policies and training to implement the law will be rolled out through 2022 and 2023.
SB 5259, entitled “Concerning law enforcement data collection,” became Ch. 326 of the Laws of 2021. It establishes a Statewide Use of Force Data Program Advisory Group under the Attorney General to examine data needs for a statewide use of force data collection and reporting program. The advisory group must make its recommendations to the Attorney General no later than April 1, 2022. The legislation also sets out use of force reporting obligations for law enforcement agencies.
SB 5263, entitled “Concerning defenses in personal injury and wrongful death actions where the person injured or killed was committing a felony,” became Ch. 325 of the Laws of 2021. This law modifies Washington’s felony bar rule for actions “arising out of law enforcement activities resulting in personal injury or death,” requiring law enforcement to prove beyond a reasonable doubt “that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death, the commission of which was a proximate cause of the injury or death.” As a result, more victims of police violence will see their cases go to court for fact-finding.
SB 5353, entitled “Creating a partnership model that facilitates community engagement with law enforcement,” became Ch. 327 of the Laws of 2021. It directs the State Department of Commerce to create and manage a grant program “to foster community engagement through neighborhood organizing, law enforcement-community partnerships, youth mobilization, and business engagement.” The legislation sets out program eligibility and requirements. The Department of Commerce must report the results of the pilot project by December 1, 2023. (RM)
