by
<a href="mailto:loganb@awcnet.org">Logan Bahr</a>, <a href="mailto:shannonm@awcnet.org">Shannon McClelland</a> | Jun 05, 2018
<a target="_blank" href="https://www.sos.wa.gov/_assets/elections/initiatives/finaltext_1372.pdf">I-940</a> would change current law related to use of deadly force and require additional training.
2018 Initiatives to the Legislature
I-940 would change current law related to use of deadly force and require additional training.
If passed, the initiative would change the law to the following:
- Changes the standards for use of deadly force with the creation of a new, good faith standard. An officer shall not be held criminally liable for using deadly force when both of the following tests are met:
- A reasonable officer, considering all the facts and circumstances known to the officer at the time, would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.
- If the officer intended to use deadly force for a lawful purpose and sincerely and in good faith believed that the use of deadly force was warranted in the circumstance.
- Creates a “paramount duty” for law enforcement personnel to preserve the life of persons’ law enforcement officers encounter.
- Requires that all law enforcement officers in the state must receive violence de-escalation training and mental health training.
The full text of the initiative can be read here at the Secretary of State’s website.
Initiative I-940 (I-940) was filed with the Secretary of State’s Office as an Initiative to the Legislature in 2017. The Legislature passed I-940; but before doing so, passed HB 3003 – a bill that would amend the initiative’s language once the law became effective. The Legislature’s actions were challenged in court as violating the State Constitution. The trial court agreed, ordering the Secretary of State’s Office to put I-940, but not HB 3003, on the November ballot. The Supreme Court affirmed.
AWC’s role
AWC does not take positions for or against any ballot initiative. AWC’s role is to provide our members with educational materials that can be shared with elected officials, staff, and the community. Additionally, please review the PDC’s guidelines for elected and appointed officials' participation in ballot proposition activity.