A bill to create new use of force standards for law enforcement officers has passed both chambers in the Legislature and will soon be delivered to the Governor for his signature.
HB 1310 establishes a civil standard for the use of force by a law enforcement officer. As passed
by the Legislature, the bill states that a peace officer:
- May use physical force against another person when necessary to protect against criminal conduct where there is probable cause to make an arrest.
- Effect an arrest.
- Prevent an escape as defined under chapter 9A.76 RCW.
- Protect against an imminent threat of bodily injury to the peace officer, another person, or the person against whom force is being used.
A peace officer may use deadly force only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person.
The bill also requires law enforcement offices to use reasonable care in determining when and whether to use physical force. The officer must first:
- Exhaust, when possible, available and appropriate de-escalation tactics prior to using any physical force.
- Use the least amount of physical force necessary to overcome resistance under the circumstances.
- Terminate the use of physical force as soon as the necessity for such force ends.
- Use, when possible, available and appropriate less lethal alternatives before using deadly force.
- Make less lethal alternatives issued to the officer reasonably available for his or her use.
A last-minute change removed all reference to the use of tear gas from the bill.