Updating the restrictions around vehicle pursuits is a 2023 legislative priority for cities. AWC has been working with sponsors on two vehicular pursuit bills that have a ‘reasonable suspicion’ standard, which is essential to address concerns about impacts to public safety and allow for effective and safe pursuit of suspects when there is an immediate threat to public safety.

HB 1363, sponsored by Rep. Alicia Rule (D–Blaine), and SB 5352, sponsored by Sen. John Lovick (D–Mill Creek), have a broad list of bipartisan co-sponsors.

Sen. Manka Dhingra, chair of the Senate Law and Justice Committee, told reporters last Tuesday that she is not open to scheduling the Senate version of the bill for a hearing and that she would have to see the House version.

During a Democratic Leaders media availability, she told reporters “I think that language is problematic because it takes us backwards to a time when we had innocent people dying because they just happened to be at the wrong place at the wrong time.” She did indicate that she would be open to the Criminal Justice Training Commission (CJTC) studying best practices and national models across the country and coming back to the Legislature with a recommendation.

We have heard that the Chair of the House committee does plan to hear HB 1363 sometime during the week of January 30.

We urge city officials to speak to your local legislators about the need for these revisions and ask them to talk with their caucus leadership urging them to consider these bills.

The bills:

• Reintroduce the reasonable suspicion standard: “… reasonable suspicion a person in the vehicle has committed or is committing a criminal offense and the safety risks of failing to apprehend of identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances.”

In order to engage in a pursuit, the law would require that:

• Officers must notify a supervising officer and together they must consider alternatives to the pursuit
• Officers comply with agencies procedures designating the primary pursuit vehicle and determining the appropriate number of vehicles to conduct the pursuit.
• Someone (pursuing officer, supervisor, or dispatch) must notify neighboring agencies.
• The pursuing officer must be able to directly communicate with other officers engaging in the pursuit and the dispatch agency.
• The pursuing officer, supervising officer or agency develop a plan to end the pursuit through intervention (spike strips etc.).
• The pursuing officer has completed an emergency vehicle operator’s course, updated emergency vehicle operator training within two years, and is certified in at least one pursuit intervention option.
• The bills do not prohibit cities from adopting more restrictive pursuit standards or limitations.

62% of cities say that officers have experienced an increase in individuals fleeing law enforcement since the 2021 reforms passed, according to our 2022 City Conditions Survey.

Want to read more? Check out our fact sheet on the topic.