Senate OKs bills on use of force standard, officer investigations

With less than two weeks before the state legislative session ends, senators approved two more police reform bills during two virtual legislative debates on Friday and Saturday.

Permissible uses of force

House Bill 1310, which passed in a 26-23 vote, would create a “civil standard” for the use of force, according to the bill’s text. The state Attorney General would also be required to develop policies regarding the use of force, as well as de-escalation tactics.

Law enforcement agencies must adopt policies consistent with the Attorney General’s policies on the use of force and de-escalation tactics, according to the bill’s text. In addition, the use of tear gas would be permissible during specific situations.

The House passed HB 1310 on March 6 in a 55-42 vote. The bill will now return to the House to consider amendments from the Senate.

Sen. Jamie Pedersen, D-Seattle, said during the virtual legislative debate Saturday the genesis of HB 1310 is the community members who continued to advocate for justice even after the passage of Initiative 940, a 2018 measure regarding police reform.

“We want to give (officers) guidance about the standards that we expect them to uphold,” Pedersen said. “This is the bill that will help protect people … and ensure that law enforcement regains the trust of the communities it serves.”

Sen. Mark Schoesler, R-Ritzville, said during the virtual legislative debate Saturday the Legislature typically looked to those with expertise when crafting legislation. But with HB 1310, the Legislature failed and did not listen to those who spent decades working at a law enforcement agency.

“We have turned a deaf ear on law enforcement and public safety,” Schoesler said. “There is no need to go to the lengths we have gone disrespecting law enforcement in this state who are there to protect and serve.”

Sen. David Frockt, D-Seattle, said during the virtual legislative debate Saturday HB 1310 is “not a radical bill,” as it is aligned with other states that already have a similar statute.

“It is true that not all of us can know what it is like to be a police officer,” Frockt said, “but it is also true that not all of us have known what it's like to be policed and to be worried and afraid.”

Sen. Judy Warnick, R-Moses Lake, said during the virtual legislative debate Saturday one of her relatives is an officer who pleaded her not to pass any more bills that are “detrimental” to officers and the work they do.

“He says it's very hard to take into account split-second decisions when trying to deal with a situation,” Warnick said. “He is very concerned with how he is going to react to some of these new bills.”

Officer conduct investigations

HB 1267, which passed in a 27-22 vote, would establish the Office of Independent Investigations, which would be under the governor’s office, to conduct “fair and competent investigations of police use of force incidents,” according to the bill’s text.

The House passed HB 1267 on March 3 in a 57-39 vote. The bill will return to the House to consider amendments from the Senate.

Pedersen said during the virtual legislative debate Friday many family members who testified in support of HB 1267 during public testimonies in the last few months have voiced the desire to have an independent office looking into use of force incidents.

“This is the number one priority of the folks who came together looking for police accountability this session,” Pedersen said. “I am very hopeful that this will bring a sense of relief and justice to people who have been disappointed by their government.”

Sen. Mike Padden, R-Spokane Valley, said during the virtual legislative debate Friday law enforcement officers want justice just as much as others. But HB 1267 will have “political pressures” because the investigation office will operate under the governor.

“I think we could have come up with a bill … that could have more broad bipartisan support,” Padden said. “I don't think this is it.”

April 25 is the last day for this year’s state legislative session.