Both chambers continue to hold public hearings on bills proposing reforms to policing in Washington state.
SB 5066, sponsored by Sen. Manka Dhingra (D–Redmond) and Sen. Mona Das (D-Auburn), requires
law enforcement to intervene and report any use of excessive force by another officer. Additionally, law enforcement officers are required to render aid to any individual injured as a result of excessive force by another officer. The bill requires
police departments to report any disciplinary decision resulting from an officer’s failure to intervene or report the use of excessive force to the Criminal Justice Training Commission (CJTC).
Additionally, stakeholders will develop a written model policy on the duty to intervene by December 1, 2021, with the requirement that all police departments adopt a duty to intervene policy by June 1, 2022.
The CJTC will develop and incorporate a curriculum on the duty to intervene for the Basic Law Enforcement Academy by January 31, 2022. All existing law enforcement officers will need to complete the training by December 31, 2023.
SB 5051, sponsored by Sen. Jamie Pedersen (D-Seattle) and Sen. Manka Dhingra (D-Redmond), advocates
for a statewide use of force standard, creates a database of officers fired for misconduct, and adds use of force violations as grounds for an officer to face decertification. AWC reported on the companion bill, HB 1082, last week. The bill received
a public hearing on January 15. AWC supports this legislation as it aligns with several components of our legislative priorities.
HB 1088, sponsored by Rep. John Lovick (D–Everett) and Rep. Roger Goodman (D–Kirkland),
requires stakeholders to update best practices addressing potential impeachment disclosures pursuant to Brady v. Maryland. There are several impeachment disclosures related to police officers, including:
- Inconsistent statements by the officer regarding the facts of a crime;
- Potential bias of the officer such as animosity towards a group or a relationship with the victim; and
- Information concerning an officer’s misconduct or abuse of authority.
The bill also directs the Washington Association of Prosecuting Attorneys to develop and maintain online training for potential impeachment disclosures. Under the bill, police departments will be required to report to the prosecuting authority of a jurisdiction
when an officer is no longer able to serve as a credible witness. Additionally, prior to hiring a new officer, a law enforcement agency will need to inquire if the officer has ever been subject to potential impeachment.
Dates to remember
SB 5066 is scheduled for public hearing in the Senate Law & Justice Committee at 10:30 am on Tuesday, January 19. The bill is scheduled for executive session in the same committee at 10:30 am on Thursday, January 21.
SB 5051 is scheduled for public hearing in the Senate Law & Justice Committee at 9:30 am on Monday, January 18. The bill is scheduled for executive session in the same committee at 10:30 am on Thursday, January 21.
HB 1088 is scheduled for public hearing in the House Civil Rights & Judiciary Committee at 10 am on Wednesday, January 20. The bill is scheduled for executive session in the same committee at 8 am on Friday, January 22.