Published on Apr 14, 2023

House passes a vehicular pursuits bill with amendments; and a round up of other public safety bills

Contact: Candice Bock, Lindsey Hueer, Katherine Walton

A number of public safety bills moved through the legislative process last week. We have put together an abbreviated roundup of some of the bills that AWC has been tracking:

Signed into law

The Governor signed a bill expanding access for courthouse facility dogs and their handlers. HB 1077 gives courts the ability to exercise discretion in permitting a courthouse facility dog to be used in any judicial proceeding.

Governor Inslee also signed HB 1209, known as the Tyler Lee Yates Act, targeting illegal manufacturers of fentanyl pills. The bill makes it a class C felony for any person to possess, purchase, deliver, sell, or possess with intent to sell a tableting or encapsulating machine that would be used to process controlled substances.

Passed, but not over the finish line yet

The House passed a vehicular pursuits bill with amendments that will likely be sent back to the Senate for concurrence. The amendment requires a pursuing officer in a jurisdiction with fewer than 15, rather than 10, commissioned officers to request the on-call supervisor, to be notified of the pursuit. This version also requires that emergency vehicle operator training must include training on risk assessment analysis, identifying whether the person being pursued poses a serious risk of harm to others and that the safety risks of failing to apprehend the person are greater than the safety risk of the pursuit.

The current version of SB 5352 authorizes a law enforcement officer to engage in a vehicular pursuit if all the following conditions are met:

  • The officer has ‘reasonable suspicion’ that the driver or a passenger:
    • Has committed or is committing a violent offense, sex offense, or an escape; or
    • Is driving under the influence.
  • The pursuit is necessary to identify or apprehend the person.
  • The person poses an imminent threat to the safety of others.
  • The safety risks of failing to apprehend or identify the person are considered greater than the safety risks associated with engaging in a pursuit.

The bill also modifies the procedures for supervisor involvement, including requiring the officer to receive authorization and oversight from a supervisor (or on-call supervisor in jurisdictions with fewer than fifteen commissioned officers) to engage in a vehicular pursuit. Officers must take emergency vehicle operator training that includes risk analysis.

The Senate will need to vote to concur with the House’s amendment before it can go to the Governor’s desk for signature. If the bill does go to concurrence, the Senate will have until April 23 to act.

A bill that cracks down on illegal street racing also passed the House and awaits Governor’s signature. SB 5606 arose from specific concerns in the cities of Kent and Tacoma where they have experienced an increase in dangerous illegal street racing; however, this is a challenge in many communities. The bill creates definitions for “off-street facilities” and “drifting” and encourages law enforcement agencies to undertake a public education campaign to inform the public of the unlawful nature of illegal racing. The bill also allows law enforcement to impound vehicles used in street racing and creates procedures for impoundment. The bill would allow law enforcement to act in certain circumstances when individuals outside the city’s jurisdiction are encouraging or organizing street racing within the city.

A bill creating a Missing and Murdered Indigenous Women and People cold case investigations unit in the Attorney General’s Office passed out of the Legislature and awaits Governor’s signature. HB 1177 creates an investigations unit that will assist federal, municipal, county, and tribal law enforcement agencies with solving cold cases involving missing and murdered indigenous women and people. The unit may proactively offer assistance to the law enforcement agency with primary jurisdiction, but it may not investigate or assist with a criminal investigation except at the request of the law enforcement agency.

Local governments may soon have clarified authority for law enforcement agencies and local animal care and control agencies to take possession of an abused or neglected animal. HB 1234 passed the Senate last week and awaits Governor’s signature. The bill clarifies authority for these agencies under the law and would authorize the forfeiture of a seized animal as a matter of law under certain circumstances. The bill also establishes a uniform petition process for a civil hearing for the return of a seized animal.

The Legislature passed several firearms bills last week. HB 1240 bans the sale of assault weapons in Washington. HB 1143 creates new firearm permit requirements and SB 5078 establishes firearm manufacturer responsibility, requiring firearm industry members to establish and enforce reasonable controls. SB 5006 creates a new civil infraction for people who have firearms after filing a voluntary waiver of firearm rights.

First responders and veterans may soon be able to access psilocybin through a pilot program with the University of Washington. SB 5263 was originally intended to legalize psilocybin for therapeutic use in Washington but was scaled down over the course of the session to establishing an advisory board, interagency work group, and a task force to provide recommendations on developing a comprehensive regulatory framework for psilocybin in Washington. The bill also creates a pilot program housed at the University of Washington Department of Psychiatry and Behavioral Sciences.

A bill expanding the law enforcement community engagement project to all rural and urban counties across Washington State passed and will be sent to the Governor. SB 5561 also extends the program an additional five years to January 2029.

Did not pass

A bill that would have allowed adult entertainment nightclubs to apply for and hold a liquor license did not pass cutoff. SB 5614 contained several provisions intended to protect entertainers’ safety but also would have preempted cities’ ability to adopt laws, rules, ordinances, or regulations that limit or prohibit entertainers from collecting payment from customers, that regulate exposure, or prohibit physical contact with another person that would otherwise be lawful outside of the establishment. AWC is participating in a work session this week to provide feedback to the House Regulated Substances & Gaming Committee.

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