WA pursuit pivot

OLYMPIA — A legislative initiative to amend the existing statute regulating vehicular pursuits, successfully passed through the state Senate with a vote of 36-13 and the House with a vote of 77-20. Nevertheless, law enforcement emphasizes the need to reevaluate training methods for a safer and more comprehensive approach.

"Lifting the police pursuit bill would be like putting toothpaste back into the tube, which is difficult to do," said Moses Lake Police Chief Dave Sands.

Initiative 2113 expands the authorization for vehicular pursuits, allowing officers to engage when there is reasonable suspicion of a law violation. The legislation also modifies risk assessments, prompting officers to consider whether the person poses a threat to others and whether the risks of not apprehending the person outweigh the safety risks of the pursuit.

Previously, officers were restricted to chasing individuals involved in violent crimes such as domestic violence, sex crimes, DUI and vehicular assault, requiring probable cause.

Sands acknowledged the necessity to return to square one with training, especially for newer deputies unfamiliar with police pursuit restrictions. 

"We need to find a balance, define our needs with legal counsel, and set a standard for continuing a pursuit," he said.

Opponents to the initiative expressed concerns about public safety, asserting that unrestricted vehicular pursuits for any infraction could make Washington streets more dangerous.

During the Senate floor debate, Sen. Yasmin Trudeau, D-Tacoma,  said the impact on her constituents – and fatalities resulting from vehicle pursuits – called for the need to minimize casualties.

 "I think the balance of weighing out somebody’s life and injuries that could potentially halt the life that they live before they were hit by a police vehicle or a vehicle being chased, to me, stays more important than the cost or value of any vehicle," said Trudeau.

Proposed changes to police pursuit policies in 2021 align with legislative action taken three years after the contentious pursuit policy was implemented in response to George Floyd's death.

The current initiative focuses on adjusting standards for engaging in pursuits by altering the evidentiary threshold and risk assessment requirements while continuing training requirements from the 2021 pursuit policies. 

In Grant County, Sheriff Joey Kriete emphasized the significance of anti-bias training leading up to the roll-back date for pursuits. Kriete said his deputies need to start afresh, considering driving, mindset and anti-bias training. Accountability for non-violent property theft has been a challenge, with property owners dealing with thefts themselves.

“Property owners were taking things into their own hands, pursuing people who were stealing from them. The things that were being stolen were tools that people needed for a living. For us to not get involved was difficult to watch. My concern for our community was they were going to put themselves in danger,” said Kriete.

Before approval by the state legislature, the current law did not include non-violent property theft.

This initiative is one of six Let’s Go Washington initiatives under consideration in Olympia, gathering over 440,000 signatures. Rep. Jim Walsh, R-Aberdeen, submitted the proposal in May 2023. All three initiatives introduced to the legislature, including two others to ban local income tax and outline parental rights, will become law on June 5. Washington Governor Jay Inslee will not have the opportunity to veto the three initiatives.

In May 2023, Inslee pushed back requirements for police to chase people in vehicles from probable cause to reasonable suspicion that a person inside a vehicle has committed a crime. 

Three out of the six initiatives did not receive a hearing: the initiative to repeal the capital gains tax, Initiative 2117 to repeal the Climate Commitment Act, and the initiative to opt out of the WA Cares insurance plan. Those items will automatically go before voters this November.