House passes pursuits bill with amendments

After a long debate, late on Monday evening the Washington State House of Representatives passed SB 5352 revising the restrictions on police pursuits.

The House made a few minor changes which will send the bill back to the Senate for concurrence. This means that the Senate will need to vote to concur with the House’s amendment before it can go to the Governor’s desk for signature. If the bill does go to concurrence, the Senate will have until April 23 to act.

The amendment requires a pursuing officer in a jurisdiction with fewer than 15, rather than 10, commissioned officers to request the on-call supervisor, to be notified of the pursuit. This version also requires that emergency vehicle operator training must include training on risk assessment analysis, identifying whether the person being pursued poses a serious risk of harm to others and that the safety risks of failing to apprehend the person are greater than the safety risk of the pursuit.

The current version of SB 5352 authorizes a law enforcement officer to engage in a vehicular pursuit if all the following conditions are met:

• The officer has ‘reasonable suspicion’ that the driver or a passenger:
  • Has committed or is committing a violent offense, sex offense, or an escape; or
  • Is driving under the influence.
• The pursuit is necessary to identify or apprehend the person.
• The person poses an imminent threat to the safety of others.
• The safety risks of failing to apprehend or identify the person are considered greater than the safety risks associated with engaging in a pursuit.

The bill also modifies the procedures for supervisor involvement, including requiring the officer to receive authorization and oversight from a supervisor (or on-call supervisor in jurisdictions with fewer than fifteen commissioned officers) to engage in a vehicular pursuit. Officers must take emergency vehicle operator training that includes risk analysis.