Published on Feb 05, 2021

Citizen oversight bill picks up several key amendments

Contact: Sharon Swanson, Jacob Ewing

Legislation that will require citizen oversight of police departments with at least fifteen officers has been amended and continues to advance through the legislative process.

HB 1203, sponsored by Rep. Jesse Johnson (D–Federal Way), passed through the House Public Safety Committee on Thursday, February 4. It picked up several key amendments in committee; however, AWC continues to work to address additional concerns brought forward by cities.

As amended, the bill:

  • Applies to local jurisdictions with law enforcement agencies that have 15 or more officers.  Previously, the bill applied to departments with 10 or more officers.
  • Allows local jurisdictions to establish a joint community oversight board with other local jurisdictions with whom they have a mutual aid agreement for law enforcement services.
  • Removes the provision stating that the annual budget for a community oversight board must be equal to or greater than 5% of the total funds allocated in the local jurisdiction for law enforcement purposes. Instead, local jurisdictions must provide adequate funding to the board for staffing and for the performance of the board’s functions and duties.
  • Removes the provision allowing community oversight boards to obtain outside legal counsel.
  • Clarifies that community oversight boards must not conduct any criminal investigations, and additionally provides that community oversight board investigations must not take precedence over and may not interfere with any in-progress criminal or internal investigation conducted by a law enforcement agency or independent investigative team, or any other independent investigation body.
  • Removes provisions allowing the community oversight board to pick candidates for the position of chief.  Currently, the hiring panel for the position of chief must include one or more members of the community oversight board.
  • Requires local jurisdictions to provide training to community oversight board members that includes law enforcement ride-alongs, simulations, curriculum that addresses relevant laws and available data, and anti-bias training. Community oversight board members must complete the training within 90 days of their initial appointment.
  • Modifies the requirements for local jurisdictions to convert existing similar oversight bodies to the community oversight board model by: (1) allowing those jurisdictions to come into compliance by January 1, 2023, rather than January 1, 2022; and (2) allowing local jurisdictions with multiple oversight bodies in place that collectively fulfill the community oversight board functions to continue to maintain multiple oversight bodies, rather than form a singular community oversight board, as long as each body complies with the community oversight board requirements for board membership.

AWC appreciates Rep. Johnson bringing these amendments forward. If your city has additional comments on the bill, please contact Sharon Swanson or Jacob Ewing.

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