A busy session for public safety legislation, clarifying police pursuit restrictions, adopting a “<em>Blake</em> fix” addressing drug possession, banning assault weapons, and more

Several key public safety and criminal justice bills became law during the 2023 legislative session. AWC successfully advocated for important reforms to police vehicular pursuit restrictions, and a statewide, workable statute that penalizes drug possession while incentivizing and encouraging treatment. In addition to these AWC priority bills, the legislature also enacted firearm restrictions, expanded the definition of “street racing,” and more.

One of AWC’s top priorities for 2023 was reforming the 2021 restrictions on law enforcement vehicular pursuits. SB 5532, which went into effect immediately upon the Governor’s signature, authorizes law enforcement to engage in a pursuit if the officer has reasonable suspicion that someone in the vehicle has committed a violent or sexual offense, or is driving under the influence. The pursuit must be necessary to identify or apprehend the person and the risk of failing to apprehend or identify the person must be greater than the safety risk of the pursuit itself. The bill also establishes training standards and supervisor notification requirements.

In 2023, AWC also prioritized a fix to the state statutes related to drug use and possession. The legislature needed to reconvene for a special session to reach consensus on this complex issue, but ultimately successfully passed SB 5536. Effective beginning July 1, SB 5536 makes drug possession or use a gross misdemeanor. The bill emphasizes treatment and encourages an individual to engage in treatment in lieu of criminal conviction. You can find more detailed information in last week’s article on the special session. AWC supported the final version of SB 5536, which included many of the changes cities requested. It is not a perfect solution, but it is substantially better than many of the prior versions of the bill, and ultimately is a workable statewide standard to criminalize drug use and possession.

In addition to these AWC-priority bills, the legislature adopted a number of other public safety and criminal justice bills. Of note, gun control was a major topic this session. HB 1143 requires a 10-day waiting period to purchase a firearm and the purchaser must also show completion of a firearms safety training program.  Washington also became the 10^th state to ban assault weapons generally with the passage of HB 1240.

Lastly of note is SB 5606 pertaining to street racing. SB 5606 expands the definition of street racing to include “drifting,” as well as activities on off street locations such as ingress and egress, and public parking lots. The vehicle used to race is subject to impoundment and forfeiture.

The chart below lists the public safety bills relevant to cities. We anticipate that many of the items that did not pass in 2023 will return next year, particularly legislation related to impaired driving as well as the question of liability for law enforcement use of force.