The Legislature took up numerous city-related policy issues this session including Initiative 940, civil asset forfeiture, and legal financial obligations of convicted defendants. The Legislature also provided greater funding for the Basic Law Enforcement Academy (BLEA) in its supplemental budget.

In the past few sessions, the Legislature has considered amending the law that provides protection for a law enforcement officer’s use of deadly force. An initiative to the Legislature, Initiative 940 (I-940), was filed in late December proposing changes to the deadly force law. I-940 also proposed new training requirements and created a duty for law enforcement officers to provide first aid. After significant negotiations, the Legislature passed I-940. It also passed HB 3003, which would amend the initiative’s language once a referendum period passes and the law becomes effective. The dual passage of I-940 and HB 3003 has been challenged in court as unconstitutional. AWC will continue to monitor this issue.

Some members of the Legislature sought changes to the civil asset forfeiture statutes this year. These laws define when a law enforcement agency may seize property related to a crime, forfeiting the owner’s right to the property. There were multiple proposed versions of the bill, HB 2718, that amended the burden of proof, standard of proof, and attorneys’ fees. Ultimately, however, the bill did not pass; but it will likely be back again in the 2019 legislative session.

HB 1783 passed the Legislature and will bring some changes to the way legal financial obligations (LFOs) are assessed on criminal defendants. The bill eliminates interest accrual on some portions of LFOs, prohibits courts from imposing LFOs on indigent defendants, creates rules for payment plans, and addresses a number of other LFO related issues.

Finally, one of AWC’s priorities was additional funding for BLEA, the training that all new law enforcement officers in the state must complete. The supplemental budget provided one fully-funded additional BLEA class in the 2019 fiscal year. The budget also included an additional locally-funded BLEA class, the addition of five Corrections Officer Academy classes, and two additional Equivalency Academy classes.

AWC’s next steps

AWC will:

• Continue to monitor the status of I-940 and HB 3003, and associated city impacts;
• Participate in the Joint Legislative Task Force on Sexual Assault Forensic Examination Best Practices;
• Continue conversations on reasonable asset forfeiture laws; and
• Engage with cities, counties, and other stakeholders on responses to increased gang activity.