Published on Jan 20, 2023

Bill would grant Attorney General greater authority to investigate law enforcement misconduct

Contact: Candice Bock, Katherine Walton

Representative Drew Hansen (D–Bainbridge Island) chairs the House Civil Rights & Judiciary Committee and has introduced and scheduled HB 1445, giving the Attorney General (AG) the authority to address law enforcement and local corrections agency misconduct through investigations and legal actions.

HB 1445 would permit the Washington State Attorney General to investigate and bring action against law enforcement or local corrections agencies for violation of WA laws or constitution, including actions for insufficient accountability systems, training, and policies leading to violations. It also permits AG to seek attorney fees if they prevail.

As part of this process, starting July 1, 2024, the bill would require the AG (in consultation with law enforcement) to develop and publish model policies for law enforcement agencies and corrections agency accountability systems, including practices for serious claims of misconduct, investigations, discipline, and disciplinary appeals.

There are a number of model policies recently created by the Legislature, including the Criminal Justice Training Commission’s (CJTC) duty to intervene model policy and the AG’s model use of force policy.

AWC has shared concerns with the bill sponsor about the broad grant of authority to the AG with no limitations or consideration of the cost and impact on the jurisdiction. AWC also noted that this approach seems more focused on punitive action than helping a police department make improvements.

 

Dates to remember


HB 1445 is scheduled for public hearing in the House Civil Rights & Judiciary Committee on Wednesday, January 25 at 8 am.

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