Bills to restore police authority move forward
An exterior view of the capitol dome in Olympia, as seen in spring 2014.
File photo
Several bills restoring law enforcement agencies’ authority to use physical force and engage in vehicular pursuits were advanced during executive sessions in the state House and Senate on Thursday.
Legislators limited the authority to use physical force last session, but did not define the practice for law enforcement. The lack of definition confused law enforcement agencies statewide regarding proper compliance with the legislation.
To properly enforce prior legislation, law enforcement needs a definition of force and authority to use it when detaining a person, said Sen. Judy Warnick, R-Moses Lake.
Communities across the state witnessed a spike in crime over the past year, especially violent offenses, Warnick said. Last year’s legislation instilled a sense of bravery in suspects when communicating with law enforcement and evading detention, she said.
If passed, Senate Bill 5919 would return the law enforcement’s authority to use force under certain circumstances. The bill was passed out of the Senate Law & Justice Committee to the Rules Committee for a second reading during an executive session on Thursday.
Legislators defined physical force as any act “that involves physical harm, compulsion, or constraint exerted upon or against a person’s body, including physical interactions meant to restrain, hold back, or control individuals, including force unlikely to cause pain or injury.”
The bill would restore the standard for detaining individuals to reasonable suspicion rather than probable cause, the same standard for making an arrest. Relying on probable cause as the standard of detention limits officers’ ability to properly serve and protect their communities.
For example, Warnick said in the past year if law enforcement witnessed an individual in crisis who may cause harm to themselves or others, there was no authority to detain the person. The person must cause actual harm or commit a different offense to warrant a response.
“Sometimes it’s better to detain a person who is having a mental health episode,” Warnick said, “for their own safety.”
Senate Bill 5919 would allow officers more discretion when engaging in pursuits. The ability to stop a potentially dangerous individual and detain them while communicating ensures the safety of both parties and the future of public safety.
Similarly, House Bill 2037 modifies the standard for law enforcement to use force and defines the practice and other wording in public safety legislation.
The bill was passed out of the House Public Safety Committee with recommendations during Thursday’s executive session.
Warnick said duplicating bills in the House and Senate is a strategy often used to ensure legislation is enacted. The companion bills work together; if one bill does not advance, the other still has a chance.
If both bills end up on the governor’s desk, which is unusual, only one is typically enacted, she said.
The legislation would also authorize officers to use force when pursuing a suspect fleeing lawful detention. Limits ensuring the reasonable use of force for the crime committed are included in the bill.
Rep. Brad Klippert, R-Kennewick, said the word “proportional” used in some of the bill’s amendments could result in the unfair prosecution of officers. For example, an officer who used their service weapon when a suspect pulls a knife could face charges as a gun overcomes a knife.
House Bill 1788 would allow law enforcement to engage in vehicular pursuits under reasonable suspicion. The House’s solution to last year’s legislative faults also modifies the requirements for notifying a superior officer before ensuing, as well.
The House Public Safety Committee voted to pass HB 1788 out of committee during the executive session on Thursday. If enacted, officers would need to notify a supervisor of before pursuing rather than requiring direct authorization.
Authorized use of force during the pursuit only pertains to serious crimes, including violent offenses, driving under the influence, and others.
Legislators will debate the bills on the chamber floor at a later date.