Police reform bill restores options to law enforcement

OLYMPIA - Law enforcement will soon have the authority to use force when detaining individuals and in other situations under legislation passed by the House on Friday.

Kevin Fuhr, Moses Lake Police Chief, said last year’s reforms intended to address excessive force instead caused a spike in crime and limited police authority. Senate Bill 5919 stepbacks on the prior reforms making necessary adjustments.

“Last year, when the legislature enacted the bills that they did, they used the term physical force in the bills, but there was no definition on what physical force is,” Fuhr said.

SB 5919 defines physical force, necessary and the totality of the circumstances. It also restores the standard for using force to reasonable suspicion.

Grant County Sheriff Tom Jones said police need these definitions to operate cohesively across the state.

The bill defines physical force as any action likely to cause pain or injury or compel, control, constrain or restrain a person’s movement. Necessary means an effective alternative to the use of force does not exist and that the force used was reasonable and proportionate to the threat.

Pat downs, incidental touching, verbal commands or compliant handcuffing where there is no physical pain or injury are not included in the definition of physical force.

The totality of circumstances is defined as everything the officer knows leading up to the use of force and during, including the suspect and officer’s interactions with one another..

The bill still requires officers to expend de-escalation tactics before using force, but now they can use force in more situations. Officers can use force to make an arrest, prevent an escape, detain an individual or protect against imminent bodily threats.

“You can’t just run from the police and expect not to be detained for investigatory purposes,” Jones said.

Fuhr said SB 5919 also restores the standard for engaging in vehicular pursuits to reasonable suspicion rather than probable cause. Last year's reforms relied on probable cause, the same standard for making an arrest.

Probable cause often requires an entire investigation; Fuhr said relying on it as the standard for using force and making stops significantly limited law enforcement’s authority. Suspects often flee because they know officers cannot pursue them.

“We’ve got a car every other day basically getting stolen, and if the officers find it, with our current legislation (prior to the passage of SB 5919), we’re not allowed to chase it,” Fuhr said.

Officers will now be able to engage in vehicular pursuits under reasonable suspicion a person has or is committing a violent, sex or escape offense. Officers can also pursue when a suspect appears to be under the influence or failing to apprehend them is a greater risk than the pursuit.

The bill requires that the pursuit be necessary for identifying the suspect. Officers must also have authorization and supervision as the vehicular pursuit ensues.

SB 5919 is now on to Gov. Jay Inslee’s desk for him to sign as the 2022 legislative session comes to a close on March 10.