Two bills that address law enforcement clarifications are moving through the Legislature.
After receiving amendments in the House Public Safety Committee, HB 1735, sponsored by Rep. Jesse Johnson (D–Federal Way), is now in
the Rules Committee awaiting floor action. The adopted amendments now allow law enforcement officers to use physical force to the extent necessary to:
- Take a person into custody, transport a person for evaluation or treatment, or provide other assistance under civil and forensic commitment laws.
- Take a minor into protective custody when "authorized or directed by statute."
- Execute or enforce a court order authorizing or directing a law enforcement officer to take a person into custody; execute a search warrant; or execute or enforce an oral directive issued by a judicial officer in the courtroom or a written order where
the court expressly authorizes a peace officer to use physical force to execute or enforce the directive or order.
Additionally, the adopted amendments:
- Add designated crisis responders as well as shelter and housing providers to the list of professionals referenced in the provision specifying that the standard for use of physical force does not prevent a law enforcement officer from responding to
requests for assistance or service from specified professionals and members of the public.
- Add a provision specifying that the standard for use of physical force does not permit a law enforcement officer to use physical force or deadly force in a manner or under such circumstances that would violate the United States Constitution or state
Constitution.
HB 1719, sponsored by Representative Dan Bronoske (D–Lakewood), passed out of the House Public Safety committee
without amendment. HB 1719 clarifies that law enforcement officers can use less-lethal alternatives, such as bean bag rounds, fired from a rifle.
After the 2021 session, law enforcement agencies sought clarification on this issue due to a restriction placed on the caliber of rifles that officers are allowed to use. Many less-lethal alternatives require the use of larger caliber rifles. Clarification
in this bill specifically addresses the issue and carves out less-lethal alternatives as allowable under the law.
AWC supports HB 1719 and HB 1735.