HB 1064, sponsored by Rep. Roger Goodman (D–Kirkland), and its companion bill, SB 5029, sponsored by Sen. David Frockt (D–Seattle, Kenmore, Lake Forest Park), are identical to HB 3003 from the 2018 legislative session. Both are scheduled for hearings during the first week of session.

HB 3003 attempted to amend I-940 during the legislative session – action that was struck down by the courts. The court ordered I-940 to be placed on the fall ballot, and state voters approved the initiative.

I-940 made the following changes to the use-of-deadly-force law and other laws impacting law enforcement:

• Use of deadly force must be rendered in good faith. The use of deadly force by a law enforcement officer is justifiable if the officer’s action meets a good faith standard. The standard has two parts and both must be met:
  • Reasonable officer test – A reasonable officer, considering all the facts and circumstances known to the officer at the time, would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.
  • Actual intent – If the officer intended to use deadly force for a lawful purpose and sincerely and in good faith believed that the use of deadly force was warranted in the circumstance.
• Duty to render first aid. All law enforcement personnel now have a paramount duty to preserve the life of persons law enforcement officers encounter and must render first aid.
• Mandatory violence de-escalation and mental health training. All law enforcement officers must receive violence de-escalation training and mental health training. Newly-hired officers must complete training within the first 15 months of employment.

HB 1064/SB 5029 would modify several provisions of I-940. The use of deadly force by a police officer standard removes the subjective second part test in the initiative and retains the objective reasonable officer test. Additionally, the state must reimburse a law enforcement officer for the reasonable costs of defense when the officer was acting within the scope of authority and is found not guilty or charges are dismissed. The bills also alter the duty to render first aid, clarifying that officers must provide or facilitate first aid to injured persons at the scene controlled by law enforcement at the earliest safe opportunity.

HB 1064 is scheduled for a hearing in the House Public Safety Committee at 1:30 pm on Monday, January 14.
Update: The bill passed out of committee. It will go to the floor for a vote. See the TVW footage of the hearing.

SB 5029 is scheduled for a hearing in the Senate Law & Justice Committee at 10 am on Tuesday, January 15.
Update: SB 5029 is scheduled to pass out of committee on Thursday, January 17.