How is police reform shaping up this session?

The 2021 legislative session has seen a number of police reform proposals. With the first two cutoffs behind us and floor action in process, let’s take stock of the current state of police reform in Washington.

Which bills are still “alive” and moving?

Dozens of police bills made it past the first and second cutoffs; some even made it to the opposite chamber. The following bills are still active and moving through the legislative process:

• HB 1001 creates a grant program through the Criminal Justice Training Commission (CJTC) to improve outreach and recruitment efforts for law enforcement. The bill passed the House unanimously and is scheduled for executive action in the Senate Law & Justice Committee on March 4.
• HB 1054 restricts the tools and tactics police can use in the line of duty. The bill is currently in the House Rules Committee awaiting action on the House floor. AWC has worked on several amendments to address concerns with this bill. We expect to see significant changes.
• HB 1089 establishes compliance audits of law enforcement agencies through the State Auditor's Office (SAO). The SAO will conduct a compliance audit of a law enforcement agency at the conclusion of any deadly force investigation. The bill passed the House and is scheduled for a public hearing in the Senate Law & Justice Committee on March 4.
• HB 1092 and companion bill SB 5259 create a program to gather and report data collected from law enforcement agencies. Both bills are in their respective Rules Committees awaiting floor action.
• HB 1202 increases employers’ liability for injuries caused by the actions of a law enforcement officer. The bill is currently in the House Rules Committee awaiting action on the House floor. AWC strongly opposes this bill.
• HB 1203 requires cities to establish citizen oversight boards over police departments with at least fifteen law enforcement officers. The bill is currently in the House Rules Committee awaiting action on the House floor.
• HB 1223 creates new requirements for law enforcement officers to electronically record all custodial interrogations, with few exceptions. The bill is currently in the House Rules Committee awaiting action on the House floor.
• HB 1262 adds an eye-based truth verification test to the recruitment process of law enforcement and corrections officers. The bill is currently in the House Rules Committee awaiting action on the House floor.
• HB 1267 establishes the Office of Independent Investigations which would investigate serious use of force incidents and criminal act by a law enforcement officer that merit filing criminal charges. The bill is currently in the House Rules Committee awaiting action on the House floor.
• HB 1310 creates new use of force standards for law enforcement officers. The bill has picked up several amendments which provide law enforcement officers more latitude to use force. The bill is currently in the House Rules Committee awaiting action on the House floor. AWC is currently negotiating details of the bill with the prime sponsor. We expect changes will be made.
• SB 5051 expands background investigations for applicants of law enforcement and corrections officer positions. It also broadens the grounds for officer decertification. The bill passed the Senate and heads to the House for further consideration.
• SB 5066 requires law enforcement to intervene and report any use of excessive force by another officer. The bill passed through the Senate and awaits committee action in the House.
• SB 5089 creates new criteria for an individual applying to serve as a law enforcement officer including age, education, and work experience requirements. The bill is currently in the Senate Rules Committee awaiting action on the Senate floor.
• SB 5263 adjusts the language of the felony bar defense to allow individuals injured or killed to recover damages unless the person “has been convicted of a class A or class B felony." The bill is currently in the Senate Rules Committee awaiting action on the Senate floor.
• SB 5353 establishes a new program through the Department of Commerce that would fund 15 community engagement projects across the state. The bill is currently in the Senate Rules Committee awaiting action on the Senate floor.

Which bills appear to be “dead”?

No bill is truly dead, even if it fails to pass the various cutoffs. Bills introduced this session may be reintroduced in next year’s session. The following bills appear dead for the time being:

• HB 1000 would have established behavioral health supports and suicide prevention efforts for law enforcement officers. The bill did not make it out of the House Appropriations Committee.
• HB 1507 would have created a new unit within the Attorney General’s Office (AGO) to carry out independent prosecutions of law enforcement as well as expanded the power the Attorney General to investigate crimes involving police use of deadly force. The bill received a public hearing on February 15 but progressed no further.
• SB 5094 would have required cities to adopt a model ordinance regarding vascular neck restraints and would have established new training requirements. The bill had a public hearing on February 2 but did not progress further.
• SB 5261 would have required the Washington Association of Police Chiefs and Sheriffs to collect certain data points from law enforcement agencies across the state. While the bill did not progress, another pair of companion bills addressing data collection, HB 1092 and SB 5259, are still active and awaiting action on the House and Senate floors.

AWC remains engaged in police reform discussions at the state level. While we support police reform, we also recognize some of the current bills need improvements. Thank you to those members that have contacted us to provide feedback on these issues and helped inform our work.