SB 5259 — Concerning law enforcement data collection.

(iv) The ability to extract data from incident reports, or other electronic means, and officer narratives in order to standardize data across multiple agencies;

(v) Analysis of data, using methodologies based in best practices or those tested and validated in other jurisdictions, if possible, including, but not limited to, analysis of the data using legal algorithms based on available and applicable legal standards;

(vi) Analytical dashboards with individual officer details for use by law enforcement agencies as a risk management tool;

p.

3 SSB 5259 (vii) Agency level comparative dashboards for all law enforcement agencies in the state;

(viii) Historical data, if available, in order to identify long- term trends and patterns;

and (ix) Semiannual reports, summarizing the data collected and any related analysis, published on the website and submitted to the legislature and governor by March 30th and September 30th of each year;

and (f) Consider phased implementation, if necessary, for collecting and reporting data on different types of interactions and incidents based on current practices and currently available data as compared to additional practices that must be put into place by individual agencies across the state, provided that any phased implementation prioritizes use of force data as provided in section 4 of this act.

(4)(a) The office of the attorney general shall review the policy submitted pursuant to subsection (3) of this section, and shall approve or reject the policy, either in part or in full, based on recommendations of the advisory group and the funding available and necessary to achieve those recommendations.

In reviewing the policy, the office of the attorney general shall consider:

(i) The interests of the public in accessing information in a transparent and expedient manner.

In considering the interests of the public, the advisory board shall accept and consider comments from impacted family members or their designees;

(ii) The institutional operations and demands of law enforcement agencies and the university.

In considering the institutional operations and demands of law enforcement, the attorney general shall accept and consider comment from the criminal justice training center and local law enforcement agencies.

(b) If the policy is rejected, in part or in full, the advisory group shall submit a revised policy in accordance with any deadlines established by the office of the attorney general.

Regardless of any revisions to the policy or any phased implementation approved by the office of the attorney general, data collection, reporting, and publication shall commence by July 1, 2022, on the elements provided under section 4 of this act.

The office of the attorney general may approve a policy with an earlier implementation deadline, if recommended by the advisory group.

(5) Following the approval of the policy under subsection (4) of this section, the university, or its successor, may submit revisions p.

4 SSB 5259 to the policy to modify the types of data collected and reported in section 4 of this act, including requiring reporting of additional data from law enforcement agencies.

The office of the attorney general shall review and approve or reject any requested revisions in accordance with this section.

(6) Following the approval of the program, the advisory board shall conduct a competitive bidding process to select a university to design, develop, and manage the data collection program according to the approved specifications.

The selected university will be responsible for meeting all the requirements in section 4 of this act.

4.3.

(1) TheBy universityJanuary shall31st, establishApril 30th, July 31st, and maintainOctober a31st program,annually, ineach consultationgeneral withauthority theWashington advisorylaw groupenforcement agency and each limited authority Washington law enforcement agency shall report to collect,Washington report,State andUniversity publishor its successor, in a manner developed by Washington State University, information onunder lawsubsection enforcement's(2) useof this section of force.all incidents that occurred in the preceding three months:

The(a) programIn mustwhich bea operatedfatality into accordancea withperson theoccurs policyconnected approvedto by the officeuse of theforce attorneyby general.a law enforcement officer;

All(b) lawIn enforcementwhich agenciesthere shallis submitgreat thebodily dataharm byto way of incident reports, or other electronic means, in a mannerperson specifiedconnected by the university, to the universityuse asof requiredforce underby subsectiona (2)law ofenforcement thisofficer; section when:

(a)(c) AIn fatalitywhich occursthere inis connectionsubstantial withbodily harm to a person connected to the use of force by a law enforcement officer;

(b)and Great(d) bodilyIn harmthe occursabsence inof connectioneither withdeath, thegreat usebodily ofharm, forceor bysubstantial bodily harm, when a law enforcement officer;officer:

(c) Substantial bodily harm occurs in connection with the use of force by a law enforcement officer;

or (d) A law enforcement officer:

p.(ix) Uses a vehicle to intentionally strike a person or vehicle;

5 SSB 5259 (ix) Uses a vehicle to intentionally strike a person or vehicle;p.

or2 SB 5259 (x) Either deploys a canine by releasing it from the physical control of the law enforcement officer, if it bites a person, or both.

and (q) The entity conducting the independent investigation of the incident, if applicable;applicable.

(r) Any other information required by the policy under section 3 of this act;

p.

6 SSB 5259 (s) Whether dashboard or body worn camera footage was recorded for an incident;

(t) Number of officers who were present when force was used;

(u) Number of suspects who were present when force was used.

(3) All law enforcement agencies shall develop a reporting plan with the university for any additional data required by the policy under this section, including additional types of interactions and incidents where force is contemplated but not expressly outlined as listed in subsection (2) of this section, and additional data relevant to such interactions and incidents.

(4) In carrying out the requirements of this section, the university may contract with public and private institutions of higher education, other organizations, and businesses with significant expertise and experience in collecting, tracking, and reporting data on law enforcement's interactions with the public in the state.

(5) All law enforcement agencies shall report to the university any additional data required by the policy under section 3 of this act, including additional types of interactions and incidents, and additional data relevant to such interactions and incidents.

(6) All law enforcement agencies shall submit the data required under this section to the university in the format and by the deadlines established by the policy under section 3 of this act, provided that agencies begin submitting data required under subsections (1) and (2) of this section no later than July 1, 2022, and provided that such submissions must occur on at least a quarterly basis.

4.

(1) By July 31st of each year, the office of risk management shall provide Washington State University or its p.

3 SB 5259 successor the amount of any tort payout, broken out by agency, occurring in the preceding 12 months involving an allegation of the improper use of force by any general authority Washington peace officer or limited authority Washington peace officer employed by any agency, department, or division of state government.

(2) By July 31st of each year, local government entities shall provide Washington State University or its successor the amount of any tort payout, broken out by jurisdiction, occurring in the preceding 12 months involving an allegation of the improper use of force by any general authority Washington peace officer or limited authority Washington peace officer employed by any agency, department, or division of a municipal corporation, political subdivision, or other unit of local government of this state.

NEW SECTION.

Sec.

Sections(1) 2Subject throughto 4the availability of amounts appropriated for this actpurpose, constituteWashington aState newUniversity chapteror inits Titlesuccessor 10shall RCW.establish and maintain an online repository for the collection of information from law enforcement agencies and the public regarding law enforcement's use of force.

(2) Subject to the availability of amounts appropriated for this purpose, Washington State University or its successor shall:

(a) By February 28th, May 31st, August 31st, and November 30th of each year, publish the information received under section 3 of this act in a searchable format on a public website;

(b) By March 30th and September 30th of each year, summarize the information received under section 3 of this act on a public website, including through the use of visual displays including, but not limited to, graphs and charts;

(c) By March 30th and September 30th of each year, submit the summary information in (b) of this subsection to the legislature;

(d) By September 30th of each year, publish the information received under section 4 of this act on a public website;

and (e) By September 30th of each year, submit the summary information in (d) of this subsection to the legislature.

(3) Information gathered from law enforcement agencies and the public shall be displayed separately on the website.

(4) Nothing in this chapter precludes Washington State University or its successor from working with private or public entities to develop the technology or tools necessary to collect or publicize the data collected by this chapter.

p.

4 SB 5259 NEW SECTION.

Sec.

6.

Sections 2 through 5 of this act are each added to chapter 10.114 RCW.

NEW SECTION.

Sec.

7.

Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2021.

NEW SECTION.

Sec.

8.

Sections 1 through 4 of this act take effect July 1, 2022.

75 SSBSB 5259