Public safety summary – Compromise is key

by <a href="mailto:sharons@awcnet.org">Sharon Swanson</a>, <a href="mailto:jacobe@awcnet.org">Jacob Ewing</a> | Mar 27, 2020

If there is a theme in the public safety arena this past legislative session, it would be that compromise is key.

If there is a theme in the public safety arena this past legislative session, it would be that compromise is key. Many of the bills discussed below started out with AWC in strong opposition; however, as session progressed, we were able to become neutral (if not supportive) of many.

HB 2318 establishes requirements for storing and preserving unreported Sexual Assault Kits (SAKs). The bill requires local law enforcement to transport unreported SAKs from the collecting entity (usually a hospital) to the law enforcement facility. Agencies are required to store the kits for twenty years. While AWC did not object to the policy around properly storing SAKs, we did have concerns about the capacity of local law enforcement to keep the SAKs for twenty years. To ease storage capacity concerns, legislators reached a compromise to allow law enforcement to arrange with another governmental entity to store found property (property that is not evidence) at an alternative location.

HB 2467 establishes a single point of contact for background checks related to the purchase or transfer of a firearm. Currently, a firearms dealer must conduct a background check utilizing the National Instant Criminal Background Check System (NICS) as well as reaching out to their local law enforcement agency. This bill requires the Washington State Patrol (WSP) to develop and manage the processing of background checks for all firearm transfers and purchases. A fee, not to exceed $18, can be charged to offset the costs of processing the check. Once the system is operational, this fee will replace the fee currently charged under I-1639. The WSP is required to notify firearms dealers 30 days prior to the system becoming operational.

HB 2793, in its original form, created a requirement that sentencing courts vacate qualifying criminal convictions. The original bill would have required court staff to conduct background checks and schedule hearings to facilitate vacating of criminal records. An estimated 8.4 million records are eligible for vacating. In many states, this process is accomplished with a database search and the push of a button. Washington does not have a unified court system where are courts can easily share or access information. AWC initially strongly opposed the legislation as drafted based on the lack of appropriation to offset staff time and resources. Ultimately, HB 2793 became a study bill requiring the Administrative Office of the Courts (AOC) to conduct a study and a pilot program to develop an administrative, court-driven process for streamlining the vacation of criminal convictions based on current statutory eligibility criteria.

SB 6280, relating to facial recognition, was a controversial bill that also required compromise. The bill establishes a process for a state or local government agency using or intending to develop, procure, or use a facial recognition service. There were multiple and duplicative reporting requirements in early iterations as well as a private right of action for citizens who had their privacy violated. AWC opposed the duplicative reporting requirements and the private right of action. Ultimately, SB 6280 did pass without the private right of action and with some of the duplicative reporting requirements removed.

SB 6288 creates the Office of Firearm Safety and Violence Prevention (Office) within the Department of Commerce with the aim of reducing firearm violence. The bill also creates the Washington Firearm Violence Intervention and Prevention Grant Program to improve public health and safety by supporting effective firearm violence reduction initiatives in communities disproportionately affected by firearm violence. A competitive process awards grants to cities disproportionately impacted by violence, to law enforcement agencies in those cities, and to community-based organizations serving the residents of those cities. Two or more cities may submit joint applications to better address regional problems.

Finally, AWC advocated for additional funding for Basic Law Enforcement Academy (BLEA) classes. Two policy bills were introduced, HB 2560 and HB 1253 to raise the number of classes offered and to reduce the statutory wait times. Neither bill advanced out of committee. However, in the final supplemental budget funding was included for 21 BLEA classes, three of which will be held in Spokane.

Bill #	Description	Status
HB 1504	Proposes several changes to the impaired driving statutes	Delivered to Governor. If signed, effective June 11, 2020, except for sections 2, 3, 5-12, and 14-17 which take effect January 1, 2022.
HB 2499	Establishes new requirements for the hiring, certification, and firing of Washington correctional officers	Delivered to Governor. If signed, effective June 11, 2020.
HB 2545	Expands access to jail records by managed health care systems, allowing the systems to determine jailed individual's eligibility for services	Delivered to Governor. If signed, effective June 11, 2020.
HB 2793	Directs the Administrative Office of the Courts (AOC) to carry out a study and a pilot program of a court-driven process to vacate criminal convictions rather than an automated process	Delivered to Governor. If signed, effective June 11, 2020.
SB 6280	Establishes state regulations and guidelines for the use of facial recognition services by local law enforcement	Delivered to Governor. If signed, effective June 11, 2020.
SB 6288	Creates the Washington Office of Firearm Violence Prevention	Delivered to Governor. If signed, effective June 11, 2020.
HB 1068/SB 5062	Places limits on high capacity magazines	Did not pass
HB 1253/SB 5944	Reduces the allowed waiting period to enter the Basic Law Enforcement Academy from six months to two months	Did not pass
HB 1315/SB 5174	Sets new requirements and standards for obtaining a concealed pistol license	Did not pass
HB 1671	Disposal of confiscated firearms	Did not pass
HB 2196	Updating standards for issuing and enforcing extreme risk protection orders	Did not pass
HB 2202	Establishing exemptions from firearm safety training requirements for law enforcement	Did not pass
HB 2223	Liability standards for individuals or entities prohibiting the possession of firearms on their property	Did not pass
HB 2240/SB 6077	Sets forth restrictions on the sale and ownership of high capacity magazines	Did not pass
HB 2241/SB 6076	Places limits on assault weapons and large capacity magazines	Did not pass
HB 2305	Grants the court system the ability to restrict possession and force the surrender of firearms, dangerous weapons, and concealed pistol licenses for individuals named in a protection order for vulnerable adults	Did not pass
HB 2307	Removes the one-year waiting period for implementing fireworks bans and allows cities to implement restrictions immediately	Did not pass
HB 2367/SB 6043	Regulating subscription service legal defense funds for firearm owners	Did not pass
HB 2438	Proposes that the state levy an impact fee on opioid manufacturers to help fund a new opioid impact program	Did not pass
HB 2465	Mandates that elected city attorneys track case filings and submit an annual report to the Attorney General’s Office	Did not pass
HB 2484	Exempts personal identifying information of juveniles involved in the court system from public records disclosure	Did not pass
HB 2519	Establishes safety measures to prevent certain individuals from acquiring ammunition	Did not pass
HB 2560	Increases the mandatory number of Basic Law Enforcement Academy Classes	Did not pass
HB 2566	Allows law enforcement agencies to use an automated license plate recognition system for matters of public safety	Did not pass
HB 2569	Authorizing pretrial detention for certain offenses involving firearms	Did not pass
HB 2704	Charges the Office of Crime Victims Advocacy with developing a competitive annual grant program to provide group counseling in public schools for youth survivors of sexual assault	Did not pass
HB 2735	Allows limited authority officers, authorized by a local law enforcement agency, to issue traffic infractions when the infraction is detected using an automated traffic safety camera or automated school bus safety camera	Did not pass
HB 2786	Establishes the Opioid Epidemic Response Advisory Council as a body to advise the Legislature on the expenditure of financial penalties collected from litigation against opioid manufacturers or distributors	Did not pass
HB 2789/SB 6527	Establishes a “use of deadly force” database managed by WASPC	Did not pass
HB 2808	Ensuring the right of Washington residents to possess legal firearms	Did not pass
HB 2835	Reduces the criminal penalty for unlawful possession of a controlled substance from a felony to a gross misdemeanor	Did not pass
HB 2845	Establishing new rules concerning concealed pistol licenses	Did not pass
HJR 4210	Authorizing pretrial detention for certain offenses involving firearms	Did not pass
SB 6109	Provides state funding to the three largest counties to establish a new pilot program to intervene and provide treatment for up to 10 individuals at a time per county	Did not pass
SB 6148	Removes the requirement to undergo a polygraph before entering the certification process to become an officer	Did not pass
SB 6161	Imposes an excise tax on ammunition	Did not pass
SB 6163	Concerning unlawful possession of firearms for persons free on bond or personal recognizance pending trial, appeal, or sentencing for certain felony charges	Did not pass
SB 6215	Requires the Office of Public Defense, the Department of Social and Health Services, and the Health Care Authority to improve upon the existing process for verifying to courts that an individual receives public assistance, in order to assist the court with a determination of indigency	Did not pass
SB 6266	Requires agencies that seize or collect forfeited property to keep records and submit annual reports on all property seized and forfeited	Did not pass
SB 6289	Establishes rules concerning the restoration of the right to possess a firearm	Did not pass
SB 6294	Establishes rules for concealed pistol license training requirements	Did not pass
SB 6307	Permits an arresting officer to seize firearms and restrict access to firearms of an individual arrested on suspicion of, or convicted of, communicating threats of mass violence	Did not pass
SB 6316	Removes the number of traffic citations and penalties assessed from a police officer’s performance review, evaluation, assessment, promotion, or assignment	Did not pass
SB 6347	Extends the expiration date for a concealed pistol license	Did not pass
SB 6460	Creates the Keep Our Communities Graffiti Free Act requiring individuals convicted of specified crimes to remove the graffiti from areas where the crime was committed	Did not pass
SB 6489/HB 2932	Amends current law to reflect the new minimum age for purchasing and possessing tobacco and vapor products, and places new guidelines on how police interact with minors in possession of these products	Did not pass
SB 6584	Concerning the unlawful purchase of a firearm	Did not pass
SB 6585	Modifies the requirements for counties applying for funds from the Criminal Justice Treatment Account	Did not pass
HB 1775/SB 5744	Removes criminal penalties for children or youth engaged in prostitution and establishes two state resource facilities for sexually trafficked children and youth aged 18 or younger	HB 1775 delivered to Governor. If signed, effective, effective June 11, 2020, except for sections 4, 5, and 6 which take effect January 1, 2024.
HB 2567/SB 6522	Establishes new policies and procedures for law enforcement officers and individuals visiting Washington court facilities	HB 2567 signed by Governor. Effective June 11, 2020.
HB 2632/SB 6295	Sets new standards and criminal penalties for falsely reporting an emergency	HB 2632 delivered to Governor. If signed, effective June 11, 2020.
HB 2785/SB 6537	Increases the membership of the Criminal Justice Training Commission (CJTC) to 15 members from 14 members	HB 2785 signed by Governor. Effective June 11, 2020.
HB 2335/SB 6086	Allows a health care entity to administer, dispense, or deliver up to a two-week supply of medication to a patient receiving evidence-based opioid use disorder treatment	SB 6086 delivered to Governor. If signed, effective June 11, 2020.
HB 2231	Modifies the crime of bail jumping	Signed by Governor. Effective June 11, 2020.
HB 2473	Includes intimate partners in the list of individuals against whom a party may receive emergency protection orders during suspected domestic violence	Signed by Governor. Effective June 11, 2020.
HB 2555	The bill establishes a six-month period when a firearm dealer would be required to notify local law enforcement before delivering certain firearms to a purchaser or transferee	Signed by Governor. Effective June 11, 2020.
HB 2792	Places new requirements on police departments managing missing person cases	Signed by Governor. Effective June 11, 2020.
HB 2318	Updates the process for managing unreported sexual assault kits in Washington	Signed by Governor. Effective June 30, 2020.
HB 2467	Directs the Washington State Patrol to establish a firearm background check unit as well as an automated firearms background check system	Signed by Governor. Sections 1-4 take effect June 11, 2020. Sections 5-9 are contingent.