HB 1267 — Concerning investigation of potential criminal conduct arising from police use of force, including custodial injuries, and other officer-involved incidents.

(i) Extensive experience with criminal investigations, including homicide investigations;

(ii) Behavioral health issues;

(iii) Youth cognitive development;

7 ESHBHB 1267 (iv)(a) Trauma-informedThe interviewing;director shall consider the relevant experience and qualifications of the candidate including the extent to which he or she demonstrates experience or understanding of the following areas:

(v)(i) De-escalationExtensive techniquesexperience andwith utilization;criminal investigations, including homicide investigations;

and(ii) (vi)Mental Knowledgehealth ofissues; Washington practices, including laws, policies, and procedures related to criminal law, criminal investigations, and policing.

(iii) Trauma-informed interviewing;

(iv) De-escalation techniques and utilization;

and (v) Knowledge of Washington practices, including laws, policies, and procedures related to criminal law, criminal investigations, and policing.

(b)p. Liaisons for community, family, and tribal relations;

8 HB 1267 (b) Liaisons for community, family, and tribal relations;

and p.(g) All staffing and other needs for the office.

8 ESHB 1267 (g) All staffing and other needs for the office.

The investigators designated as limited authority Washington peace officers have the authority to investigate any case within the jurisdiction of the office and any criminal activity related to, or discoveredp. in the course of, the investigation of the case under the jurisdiction of the incident that has a relationship to the investigation.

9 HB 1267 discovered in the course of, the investigation of the case under the jurisdiction of the incident that has a relationship to the investigation.

Only p.investigators who are limited authority Washington peace officers may be designated a lead investigator on any criminal investigation conducted by the office pursuant to this chapter.

9 ESHB 1267 investigators who are limited authority Washington peace officers may be designated a lead investigator on any criminal investigation conducted by the office pursuant to this chapter.

(3)p. "General authority Washington peace officer" means any full- time, fully compensated and elected, appointed, or employed officer of a general authority Washington law enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.

(4)10 "LimitedHB 1267 (3) "General authority Washington peace officer" means any full- time, fully compensated and elected, appointed, or employed officer of a limitedgeneral authority Washington law p.enforcement agency who is commissioned to enforce the criminal laws of the state of Washington generally.

10(4) ESHB"Limited 1267authority Washington peace officer" means any full- time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible.

(8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority p.

11 ESHBHB 1267 (8) "Primary commissioning agency" means (a) the employing agency in the case of a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer, and (b) the commissioning agency in the case of a specially commissioned Washington peace officer (i) who is performing functions within the course and scope of the special commission and (ii) who is not also a general authority Washington peace officer, a limited authority Washington peace officer, an Indian tribal peace officer, or a federal peace officer.

(i) Of a use of deadly force by an involved officer occurring after July 1, 2022,2022; including any incident involving use of deadly force by an involved officer against or upon a person who is in- custody or out-of-custody;

or (ii) InvolvingIn prioraddition investigationsto any case of use of deadly force by an involved officer ifany newincident evidenceby isan broughtinvolved forthofficer that wasincludes notthe includedfollowing inthat theoccurs initialafter investigation.July 1, 2023:

(A) In-custody deaths involving potential criminal acts committed by an involved officer;

or (B) Sexual assault by an involved officer;

and (iii) Involving prior investigations of deadly force by an involved officer if new evidence is brought forth that was not included in the initial investigation.

or (B)p. The incident involved equipment or other property issued to the official in relation to his or her duties.

12 HB 1267 (B) The incident involved equipment or other property issued to the official in relation to his or her duties.

The director shall ensure that incidentscases involving deadly force occurring after the date the office begins investigating cases receive the highest priority for investigation.

p.(5) Upon receiving notification required in section 402 of this act of an incident under the jurisdiction of the office, the director:

12 ESHB 1267 (5) Upon receiving notification required in section 402 of this act of an incident under the jurisdiction of the office, the director:

(7) In conducting the investigation the office shall have access to reports and information necessary or related to the investigation in the custody and control of the involved agency and any law enforcement agency responding to the scene of the incident including, but not limited to, voice or video recordings, body camera recordings, and officer notes, as well as disciplinary and administrative records except those that might be statements conductedp. as part of an administrative investigation related to the incident.

13 HB 1267 conducted as part of an administrative investigation related to the incident.

p.(2) The investigators of the office shall receive priority registration to criminal justice training commission trainings necessary to conduct investigations as required by this chapter.

13 ESHB 1267 (2) The investigators of the office shall receive priority registration to criminal justice training commission trainings necessary to conduct investigations as required by this chapter.

(1) Analysis and research regarding any identified trends, patterns, or other situations identified by the data;

and(2) recommendationsRecommendations for improvements.improvements;

Afterand July(3) 1,Recommendations, 2024, the office should also annually report recommendations, if any, for expanding the scope of investigations or jurisdiction of the office based on trends, data, or reports received by the agency.

Inp. addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply in the office of independent investigations to the director, to one confidential secretary, and to any deputy or regional directors, if any.

14 HB 1267 In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply in the office of independent investigations to the director, to one confidential secretary, and to any deputy or regional directors, if any.

The director shall establish policies to define criteria for direct buy p.purchases.

14 ESHB 1267 purchases.

(10)p. Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;

15 HB 1267 (10) Intergovernmental agreements awarded to any governmental entity, whether federal, state, or local and any department, division, or subdivision thereof;

and p.(15) Contracts for investigators awarded by the office of independent investigations as authorized under section 304 of this act.

15 ESHB 1267 (15) Contracts for investigators awarded by the office of independent investigations as authorized under section 304 of this act.

(1) Following notification by the director that the office will accept investigations of cases under its jurisdictionjurisdiction, after July 1, 2022, anfor involveddeadly agencyforce shallcases notifyand theafter officeJuly of1, any2023, incidentfor byall anp. involved officer in accordance with the requirements under section 304 of this act and pursuant to this section.

16 HB 1267 other cases under the jurisdiction of the office, an involved agency shall promptly notify the office of any incident under the jurisdiction of the office that involves an officer within the involved agency.

p.(b) In all other cases, the involved agency must notify the office of the incident pursuant to the procedure established by the director.

16 ESHB 1267 (b) In all other cases, the involved agency must notify the office of the incident pursuant to the procedure established by the director.

(b) The primary focus of the involved agency must be the protection and preservation of evidence in order to maintain the integrity of the scene until the office investigator or independent investigation team arrivesarrives. or otherwise provides direction regarding activities at the scene.

(3)(a) When the office investigator, or independent investigation team acting at the request of the office, arrives at the scene of an incidentp. under the jurisdiction of the office, the involved agency will relinquish control of the scene to the office investigator or independent investigation team upon the request of the office investigator.

17 HB 1267 incident under the jurisdiction of the office, the involved agency will relinquish control of the scene to the office investigator or independent investigation team upon the request of the office investigator.

If there is any equipment of the involved agency used in the investigation, steps must be taken to appropriately limit the role of any involved agency p.personnel in facilitating the use of that equipment or their engagement with the investigation.

17(4) ESHBIf 1267an personnelindependent ininvestigation facilitatingteam takes control of the usescene at the request of thatthe equipmentoffice, orthe theirindependent engagementinvestigation withshall relinquish control of the investigation.scene and investigation at the request of the office when they are on the scene and prepared to lead the investigation, but may continue to engage in the investigation if requested to do so by the lead office investigator, director, or the director's designee.

(4) If an independent investigation team takes control of the scene at the request of the office, the independent investigation team shall relinquish control of the scene and investigation at the request of the office when the office is on the scene or otherwise provides notice that the office is taking control of the scene.

The independent investigation team may continue to engage in the investigation conducted at the scene if requested to do so by the lead office investigator, director, or the director's designee.

The involvement of the independent investigation team is limited to activities requested by the office and must terminate following the securing of the scene and any evidence preservation or other actions as determined necessary by the office at the scene.

The independent investigation team may not continue to participate in the ongoing investigation.

(ii)p. One member of the general public representing a family impacted by an incident of the nature under the jurisdiction of the office, who is not current or former law enforcement;

18 HB 1267 (ii) One member of the general public representing a family impacted by an incident of the nature under the jurisdiction of the office, who is not current or former law enforcement;

p.(v) One prosecuting attorney representative;

18 ESHB 1267 (v) One prosecuting attorney representative;

(i) The advisory board shall recommend candidates to the governor who they find are individuals with sound judgment, independence, objectivity,p. and integrity who will be viewed as a trustworthy director.

19 HB 1267 objectivity, and integrity who will be viewed as a trustworthy director.

p.(A) Criminal investigations;

19 ESHB 1267 (A) Criminal investigations;

(c) Participate in employment interviews as requested by the governor or director;

NEWp. SECTION.

20 HB 1267 Miscellaneous Provisions NEW SECTION.

502.

REPORT.

(1) In consultation with the director, the advisory board shall assess whether the jurisdiction of the office should be expanded to conduct investigations of other types of incidents committed by involved officers, including but not limited to other types of in-custody deaths not involving use of force but otherwise involving criminal acts committed by involved p.

20 ESHB 1267 officers as well as sexual assaults committed by involved officers, subject to the same standard under section 308(2)(b) of this act.

The advisory board must consider available data and information on other types of in custody deaths not involving use of force but otherwise involving criminal acts committed by involved officers as well as other types of incidents, the capacity and resources of the office, and any modifications or additions to procedures and processes necessary for the office to conduct investigations of those incidents.

The advisory board must consider the recommendations and counsel of the director when conducting the assessment under this section.

(2) At the request of the advisory board, the office shall conduct analysis of available data, including identified trends and patterns, and other information relevant to in-custody deaths involving criminal acts committed by involved officers, sexual assaults committed by involved officers, and other types of incidents as requested by the advisory board.

(3) The advisory board shall submit a report with related recommendations to the legislature and governor by November 1, 2023.

(4) For the purposes of this section, "in-custody death" means a death of an individual while under physical control of a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020 or a city, county, or regional adult or juvenile institution, correctional, jail, holding, or detention facility as defined in RCW 70.48.020, 72.09.015, or 13.40.020.

(5) This section expires July 1, 2024.

Miscellaneous Provisions NEW SECTION.

Sec.

Sections 201 through 306, 308 through 311, 402, 501, and 502501 of this act constitute a new chapter in Title 43 RCW.

If specific funding for the purposes of this act, referencing this act by bill or p.chapter number, is not provided by June 30, 2021, in the omnibus appropriations act, this act is null and void.

21 ESHB 1267 chapter number, is not provided by June 30, 2021, in the omnibus appropriations act, this act is null and void.

2221 ESHBHB 1267