Legislature revives bill to allow AG investigations of police departments

On January 23, the Legislature revived a 2023 police liability bill that failed to pass last session. The bill was placed on the second reading calendar in the House and is waiting to be scheduled for a floor vote.

HB 1445 was part of a package of police liability bills that AWC opposed last session due to the drastically increased liability exposure they would have meant for cities. The bill is sponsored by then-Representative (now Senator) Drew Hansen (D-Bainbridge Island) and would permit the state Attorney General’s Office to investigate and bring actions against law enforcement or local corrections agencies for violation of Washington State Constitution or state laws, including allowing civil actions for insufficient accountability systems, training, and policies leading to violations. It also requires the AG’s Office to develop and publish model policies.

Once again, AWC opposes HB 1445 because of the punitive nature of the bill.

AWC will continue to ask legislators to balance punitive measures with voluntary compliance, focusing on technical assistance to law enforcement agencies to assist in making necessary policy changes to remedy any concerning patterns or practices that the AG’s Office believes are in violation of the state law or inconsistent with model policies.

AWC is also concerned about Section 3 of the bill granting the AG’s Office authority to bring actions for “a violation,” not a pattern or practice. If the AG’s Office is going to be granted such sweeping authority, it should only bring that authority to bear when it is clear there is a pattern of misconduct – not just for an individual violation that would better be handled locally.