In another effort to reform policing in Washington, legislators will consider a bill that would require an independent prosecutor or the Attorney General’s Office (AGO) to carry out prosecutions of criminal conduct arising from the use of force
by a law enforcement officer.
HB 1507, sponsored by Rep. Debra Entenman (D–Kent), gives the Attorney General (AG) concurrent authority and power
with county prosecuting attorneys in investigating, initiating, and prosecuting crimes involving police use of deadly force. Additionally, the AG could investigate and prosecute a defendant for related offenses. The new authority for the AG would
begin on July 1, 2022.
The bill also directs courts to consider the public’s interest in ensuring a fair and impartial trial and prosecution when determining who acts as prosecutor for a case involving a law enforcement officer.
Additionally, the bill establishes the Independent Prosecutions Unit (IPU) in the AGO. The unit would be comprised of attorneys, investigators, and support staff. Beginning July 1, 2022, the IPU would have jurisdiction over any criminal offense
involving the use of deadly force by a police officer.
The IPU would also serve as the prosecution for a case involving a police officer where there existed a conflict of interest with the county prosecutor. A prosecuting attorney would be considered to have a conflict of interest if the PA has:
- A personal or professional relationship with the police officer or the officer’s department such that the PA’s decision about whether to prosecute or not will be materially impacted;
- A duty to represent the officer’s department in any civil actions related to the incident under consideration; or
- There exists a significant risk that the PA ability to consider, recommend, or carry out an appropriate course of action will be materially limited as a result of the PA’s other responsibilities or interests.
Lastly, if a prosecuting attorney decides not to file criminal charges against an officer, the case must be referred to the IPU within 30-days of that decision.
HB 1507 is tentatively scheduled for a public hearing on Tuesday, February 9 in the House Civil Rights Committee.