A bill that aims to address concerns about restrictive police pursuit policies has advanced out of the House Public Safety Committee and now moves to the House floor for a vote.
HB 1788, sponsored by Representative Eric Robertson (R-–Sumner), addresses some of the concerns brought forward by law enforcement in
response to police reform measures passed during the 2021 legislative session. Under the amended bill officers may engage in a vehicular pursuit only when there is reasonable suspicion that a person in the vehicle has committed or is committing a
violent offense, escaping offense, or driving under the influence (DUI) offense. Under 2021 law, officers could only engage in a pursuit if there were probable cause.
However, the amended bill does restore several pieces of current law that had been struck out of the original bill. These include:
- Providing that a peace officer may not engage in a vehicular pursuit unless the person in the vehicle poses an imminent threat to the safety of others;
- Requiring supervisory oversight of the pursuit by a supervising officer;
- Requiring the supervising officer to evaluate the justification for the vehicular pursuit and other safety considerations and consider alternatives to the pursuit.
The bill adds requirements for engaging in a vehicular pursuit, including:
- Requiring the supervising officer, the pursuing officer, or dispatcher to notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit.
- Requiring the pursuing officer to be able to directly communicate with other officers engaging in the pursuit, the supervising officer, and the dispatch agency, such as being on a common radio channel or having other direct means of communication.
- Requiring the pursuing officer, supervising officer, or responsible agency, as soon as practicable after initiating a vehicular pursuit, to develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use
of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department authorized pursuit intervention tactics.
- Specifying that the pursuing officer must have completed an emergency vehicle operator's course, have completed updated emergency vehicle operator training in the previous two years, and be certified in at least one pursuit intervention option.
HB 1788 is now in the House Rules committee awaiting a vote on the House floor.