Published on Apr 16, 2021

Legislation establishing Office of Independent Investigations awaits Governor’s signature

Contact: Sharon Swanson, Jacob Ewing

A bill to establish a new state office that would conduct investigations into law enforcement officers’ use of force has passed the Legislature. The bill heads now to the Governor’s office to be signed into law.

HB 1267 creates the Office of Independent Investigations (OII) within the Office of the Governor. The purpose of the office is to conduct fair, thorough, transparent, and competent investigations of police use of force and other incidents involving law enforcement.

The OII will be staffed by a director as well as an investigator, as chosen by the director. The two will be classified as limited authority police officers with the ability to investigate any case within the jurisdiction of the OII. Beginning July 1, 2022, the OII is authorized to conduct investigations of deadly force cases occurring on or after July 1, 2022, including in-custody or out-of-custody deadly force incidents.

Beginning July 1, 2023, the OII will be authorized to review and investigate prior investigations of deadly force by an involved officer if new evidence is brought forth that was not included in the initial investigation.

If the OII decides to investigate an incident, the director of the OII will communicate the decision to the involved agency. The OII will then serve as the lead investigative body in the case and will have priority over all other state or local agencies investigating the incident. The OII must complete the investigation within 120 days of accepting a case.

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