Both versions of the Attorney General (AG) police department investigations bill are getting attention from the Legislature. Cities should act now to oppose these concerning pieces of legislation.

HB 1056 is scheduled for a hearing this week. AWC continues to be concerned that the bill:

• Gives the AG far too broad authority to investigate local public safety agencies, with no consideration for the cost or impact to the jurisdiction.
• Among other sideboards, the AG should be limited to investigating patterns of conduct or practices instead of individual violations.
• There should be more focus on providing pathways to voluntary compliance and technical assistance, rather than simply being subject to punitive measures.
• If the AG is permitted to get attorney’s fees for prevailing against a local agency, a local agency should be able to recover attorney’s fees from the state if it prevails.

AWC encourages cities to sign in or testify opposed to HB 1056 at its hearing this week. You can sign in or register to testify against the bill here. Cities that choose to testify may do so in person or remotely. Watch this video for some of AWC’s tips on how to effectively testify at the Legislature.

SB 5066 was voted out of the Senate Law & Justice Committee on February 6, with some amendments. The adopted amendments:

• Removed a requirement that the Washington Association of Sheriffs and Police Chiefs (WASPC) provide technical assistance to local law enforcement and corrections agencies,
• Specifies that the AG’s model policy be consistent with other AG model polices on use of force data collection, and
• Includes an emergency clause, which makes the bill go into effect as soon as it is signed into law, with no implementation period.

None of the amendments address AWC’s concerns noted above. SB 5066 is now heading to the Senate Ways & Means Committee. It has not yet been scheduled for a hearing.

Dates to remember

HB 1056 is scheduled for a hearing in the House Civil Rights & Judiciary Committee on February 11 at 10:30 am.

AG investigations bill scheduled for hearing this week

January 24, 2025

The Senate version of a bill to expand the Attorney General’s (AG) authority to investigate and bring actions against local police departments is scheduled for a hearing this week.

AWC is concerned about SB 5066 because of the additional liability and costs it would impose on cities, the excessively broad authority granted under the bill, and the bill’s focus on punitive measures rather than helping police departments make necessary changes to remedy violations.

It is important to remember that the AG already has the authority to investigate and bring actions against local police departments for violations of state laws. However, the AG must typically have a higher level of certainty that a violation has occurred before initiating an investigation. One of the primary impacts of the bill would be to grant the AG subpoena power at a much earlier stage in the process, making it easier for the state to initiate investigations against departments before they are certain of a violation.

Dates to remember

SB 5066 is scheduled for a hearing in the Senate Law & Justice Committee on Thursday, January 30 at 10:30 am.

Bill to grant AG authority to investigate city police departments returns in 2025

January 13, 2025

A bill expanding the authority of the state Attorney General (AG) to investigate and bring action against local police departments has been introduced for 2025. It is a similar concept to a bill proposed in 2023 and could increase liability for city police departments if passed.

HB 1056 is sponsored by Rep. Darya Farivar (D–Seattle). A companion bill, SB 5066 is sponsored by Senator Drew Hansen (D–Bainbridge Island). It permits the Attorney General to investigate local law enforcement agencies and local correctional agencies for violations of the state constitution or state law, including for insufficient accountability systems, training, or agency policies the led to such violations. The bill also permits the AG to bring legal action against the local law enforcement or correctional agency pursuant to the investigation. If the AG prevails in its action, the local government may be responsible for attorney fees and costs.

The bill permits the AG to initiate an investigation on its own initiative or in response to reports from independent oversight bodies. At the outset of the investigation, the AG would be required to confer with the U.S. Department of Justice to avoid any conflicts or duplication of a federal investigation. If a federal action is underway for the same conduct, then the AG cannot bring a state action. The AG would also be required to inform the local law enforcement agency of why the investigation is being conducted, what information is sought, and request a meeting to discuss the investigation.

HB 1056 also requires the AG to develop a model policy for law enforcement accountability systems, consistent with published model policies on policing practices, use of force, and reporting.

This bill is very similar to HB 1445 (2023), which AWC engaged on in the 2023 and 2024 sessions. In 2025, AWC has many of the same concerns that we voiced about the previous bill: HB 1056 would give a broad grant of authority to the AG, with no limitations or consideration of the cost and impact on the jurisdiction. Additionally, the bill focuses on punitive measures against law enforcement agencies, rather than starting with voluntary compliance and technical assistance to actually help police departments make necessary changes to remedy a situation. AWC also thinks that the AG’s authority under the bill should be tied to investigating “patterns or practice” and not individual violations.