Washington 2021-2022 Regular Session Status: Passed House 18 D cosponsors

HB 1202 — Addressing meaningful civil remedies for persons injured as a result of police misconduct, including by allowing for an award of attorney fees in addition to damages and injunctive and declaratory relief.

Last action — Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

66 added · 65 removed

Plain-language change summary

The changes to HB 1202 clarify the types of unlawful conduct that can be addressed in legal actions against peace officers. Notably, "intentional infliction of emotional distress" and "intentional trespass" have been removed, while "engaged in conduct that violates the duty of reasonable care" has been updated to reference a specific new law. This matters because it refines the definitions and establishes clearer legal grounds for holding officers and their employers accountable for misconduct, helping to ensure that individuals can seek justice more effectively.

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H-0710.2 SUBSTITUTE HOUSE BILL 1202 State of Washington 67th Legislature 2021 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Thai, Davis, Bateman, Ramos, Kloba, Callan, Simmons, Berry, Santos, Ryu, Ramel, Sells, Ortiz-Self, Gregerson, Wicks, Berg, Bergquist, Dolan, Macri, Fey, Pollet, Harris-Talley, and Frame) READ FIRST TIME 02/09/21.
H-0326.1 HOUSE BILL 1202 State of Washington 67th Legislature 2021 Regular Session By Representatives Thai, Davis, Bateman, Ramos, Kloba, Callan, Simmons, Berry, Santos, Ryu, Ramel, Sells, Ortiz-Self, Gregerson, Wicks, Berg, Bergquist, Dolan, Macri, Fey, Pollet, Harris-Talley, and Frame Read first time 01/14/21.
Referred to Committee on Civil Rights & Judiciary.
1 SHB 1202 by peace officers may obtain compensation for their injuries and an award of costs and attorney fees incurred in seeking the remedy.
1 HB 1202 by peace officers may obtain compensation for their injuries and an award of costs and attorney fees incurred in seeking the remedy.
(a) Engaged in conduct that under common law constitutes an assault, battery, intentional infliction of emotional distress, false p.
(a) Engaged in conduct that under civil law constitutes an assault, battery, outrage, false imprisonment, false arrest, malicious prosecution, trespass, or conversion;
2 SHB 1202 imprisonment, false arrest, malicious prosecution, intentional trespass, or conversion;
or p.
or (b) Executed a detention, traffic stop, search, seizure, or entry into a home that is unlawful under the state Constitution;
2 HB 1202 (b) Executed a detention, traffic stop, search, seizure, or entry into a home that is unlawful under the state Constitution;
1310);
.);
(3) A peace officer has a defense against an action brought under subsection (1) of this section if, when the injury occurred, the officer substantially complied with a regulation, practice, procedure, policy, or training that was established by the employer or approved or condoned by superior officers.
(3) A peace officer has a defense against an action brought under subsection (1) of this section if, when the injury occurred, the officer substantially complied with a regulation, practice, procedure, or policy that was established by the employer or approved or condoned by superior officers.
If the peace officer proves this defense, the employer is independently liable for the injury if the injury was proximately caused by a regulation, practice, procedure, policy, or training approved or condoned by the employer.
If the peace officer proves this defense, the employer is independently liable for the injury if the injury was proximately caused by a regulation, custom, usage, practice, procedure, or policy approved or condoned by the employer.
p.
NEW SECTION.
3 SHB 1202 NEW SECTION.
The attorney general may investigate employers and peace officers engaging in a pattern or practice of conduct in violation of section 3 of this act and bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against a peace officer or employer to restrain and prevent the peace officer or employer from engaging in any pattern or practice of conduct in violation of section 3 of this act.
The attorney general may investigate employers and peace officers engaging in a pattern or practice of p.
3 HB 1202 conduct identified in section 3 of this act and bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against a peace officer or employer to restrain and prevent the peace officer or employer from engaging in any pattern or practice of conduct identified in section 3 of this act.
(3) The provisions of chapter 4.22 RCW do not apply to a cause of action under section 3 of this act.
4 SHB 1202
4 HB 1202
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Action History

  1. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  2. Public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  3. Referred to Civil Rights & Judiciary.

  4. Rules Committee relieved of further consideration.

  5. Returned to Rules Committee for second reading.

  6. Rules Committee relieved of further consideration. Placed on second reading.

  7. Referred to Rules 2 Review.

  8. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  9. Minority; do not pass.

  10. APP - Majority; 2nd substitute bill be substituted, do pass.

  11. Executive action taken in the House Committee on Appropriations at 1:30 PM.

  12. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  13. Public hearing in the House Committee on Appropriations at 1:30 PM.

  14. Referred to Appropriations.

  15. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 08:00 AM

  16. Minority; do not pass.

  17. CRJ - Majority; 1st substitute bill be substituted, do pass.

  18. Executive action taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  19. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  20. Public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  21. First reading, referred to Civil Rights & Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 22 co-sponsors · 128 not signed on

Sponsors (1)

Co-sponsors (22)

Not signed on (128)

128 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 1202?
HB 1202 is sponsored by Noel Frame (Democrat), Harris-Talley, Gerry Pollet (Democrat), Jake Fey (Democrat), Nicole Macri (Democrat), Dolan, Steve Bergquist (Democrat), April Berg (Democrat), Wicks, Mia Gregerson (Democrat), Lillian Ortiz-Self (Democrat), Sells, Alex Ramel (Democrat), Cindy Ryu (Democrat), Sharon Tomiko Santos (Democrat), Liz Berry (Democrat), Tarra Simmons (Democrat), Lisa Callan (Democrat), Shelley Kloba (Democrat), Ramos, Jessica Bateman (Democrat), Lauren Davis (Democrat), and My-Linh Thai (Democrat).
What is the current status of HB 1202?
This bill died with 2021-2022 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1202?
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Last checked for changes 3 months ago · updated continuously

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