During the upcoming legislative session, lawmakers plan to address several areas of police reform.
AWC has been involved in conversations with legislators, law enforcement, other associations, and state agencies regarding police reform. We expect that the following issues will be addressed in legislation during the 2021 session:
- Independent investigations: I-940 took effect this year. While the law aimed to eliminate roadblocks for investigating fatal use of force incidents and removing the requirement that malice be shown before charging officers for unlawful
use of deadly force, the law did not include accountability for police departments who fail to comply with each aspect of the law. A Gubernatorial task force met in late 2020 to discuss the possibility for a new independent state agency to provide
independent investigations when law enforcement is involved with fatal use of force incidents. There is potential for a standalone entity to also lead prosecutions in jurisdictions where local prosecutors might have an actual or apparent conflict
of interest.
- Decertifying officers: In Washington, the statute that addresses decertification of an officer, in effect stripping the officer of their credentials, is limited and vague. The result is confusion and inconsistency as well as few departments
pursuing decertification of officers, all of which adds to the eroding of public trust. Legislators are looking to simplify the process and include use of force violations as grounds for which an officer may be decertified.
- Discipline arbitration: The use of private arbitrators by police departments could be reduced or restricted. Additionally, the ability of an arbitrator to reinstate an officer who was fired or overrule discipline handed down by police
chiefs may be removed or limited.
- Police tactics: It is expected that legislators will take action to reduce or ban the use of chokeholds and neck restraints by officers, restrict when officers can fire into a moving vehicle, eliminate the use of no-knock warrants,
and curtail the purchase of military-grade hardware by local law enforcement. We also expect to see legislation that would restrict the manner in which law enforcement may use K-9 units for making arrests.
- Officer conduct: Police could see mandated reporting requirements for officers who witness other officer misconduct. Officers who fail to report misconduct or illegal activity could face disciplinary action themselves.
- Model policy: Legislators may create a model policy on the use of physical and deadly force, thus creating a statewide standard to address de-escalation policies.
- Data collection: AWC expects to see more comprehensive data collection to track best practices and the outcomes of these many potential changes to law.
It is unclear at this time if these reforms will be introduced individually or as a package. AWC will continue to be an active participant in these conversations and ensure that cities’ best interests are represented.