Establishing a mechanism for independent prosecutions within the office of the attorney general of criminal...
Do you support it?
Want to know if it passes?
We'll email you when HB 1579 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on HB 1579.
You're tracking HB 1579
We'll email you the moment it moves.
HB 1579 — Establishing a mechanism for independent prosecutions within the office of the attorney general of criminal conduct arising from police use of force.
Last action — By resolution, returned to House Rules Committee for third reading.
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
3Passed House
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill died with 2023-2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
319 added · 604 removedPlain-language change summary
The amendments to House Bill 1579 update the authority of the attorney general in investigating and prosecuting crimes related to police use of force. The changes clarify that the attorney general can now act alongside county prosecuting attorneys with their request or agreement. This matters because it aims to enhance accountability and ensure that cases involving police actions are handled more thoroughly and transparently, which can help build public trust in law enforcement and the justice system.
H-0936.3H-0760.1 SUBSTITUTE HOUSE BILL 1579 State of Washington 68th Legislature 2023 Regular Session By House Community Safety, Justice, & Reentry (originally sponsored by Representatives Stonier, Bateman, Lekanoff, Reed, Pollet, and Macri)Macri READRead FIRSTfirst TIMEtime 02/14/23.01/25/23.
Referred to Committee on Community Safety, Justice, & Reentry.
amending RCW 43.10.230, 43.10.232, 43.10.234, 36.27.020, 36.27.030, 43.102.080,36.27.040, 41.80.400, and 10.114.011;43.102.080;
adding a new section to chapter 43.10 RCW;
adding new sections to chapter 43.10 RCW;
RCW 43.10.230 and 1981 c 335 s 1 are each amended to read as follows:
The purpose of RCW 43.10.232 is to grant authority to the attorney general concurrent with the county prosecuting attorneys to investigate and prosecute crimes, including incidents of use of deadly force by an involved officer as those terms are defined in RCW 43.102.010.
The purpose of RCW ((43.10.234)) 10.01.190 is to ((insure)) ensure access by the attorney general to the procedural powers of the various prosecuting attorneys in exercising criminal prosecutorial authority granted in RCW 43.10.232 or otherwise granted by the legislature.
Sec.
2.
p.(1)(a) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following:
1 SHB 1579 (1)(a) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate crimes and initiate and conduct prosecutions upon the request of or with the concurrence of any of the following:
or (((c)(((c))) (iii) A majority of the committee charged with the oversight of the organized crime intelligence unit))unit. (iii) As provided in subsection (2) of this section.
(((3)))p. (c) Prior to any prosecution by the attorney general under (a) of this ((section)) subsection, the attorney general and the county in which the offense occurred shall reach an agreement regarding the payment of all costs, including expert witness fees, and defense attorneys' fees associated with any such prosecution.
(2)(a)1 TheHB attorney1579 general's(((3))) office(c) ofPrior independentto prosecutionsany shallprosecution haveby concurrentthe authorityattorney andgeneral powerunder withthis section, the prosecutingattorney attorneysgeneral toand reviewthe investigationscounty andin initiatewhich andthe conductoffense prosecutionsoccurred ofshall crimesreach involvingan agreement regarding the usepayment of deadlyall forcecosts, byincluding involvedexpert officerswitness asfees, describedand indefense chapterattorneys' 43.102fees RCW.associated with any such prosecution.
"Prosecution"(2)(a) includesThe appealsoffice of the attorney general shall have concurrent authority and requestspower forwith postconvictionthe relief.prosecuting attorneys to investigate, initiate, and conduct prosecutions of crimes involving police use of deadly force in the state of Washington.
(b) In any investigation or prosecution pursuant to this subsection, the office of the attorney general may investigate and prosecute related offenses and defendants.
(d) The authority of the office of the attorney general under this subsection applies to any criminal offense involving the use of deadly force by ana involvedpolice officer and any other investigations within the scope of the office of independent investigations.
p.(e) For the purposes of this section, "deadly force" has the meaning provided in RCW 9A.16.010.
2 SHB 1579 (e) The attorney general's office shall be responsible for its expert witness fees and other costs of prosecution associated with prosecutions it undertakes pursuant to this subsection.
The attorney general's office shall not be responsible for defense costs, including defense attorneys' fees, defense expert witness fees, or any other cost related to the defense in a criminal prosecution brought pursuant to this subsection.
The county in which the action is filed shall be responsible for court administration costs and public defense costs if the defendant so qualifies.
(f) For the purposes of this section, "deadly force" and "involved officer" have the meanings provided in RCW 43.102.010.
3.2.
and (((2)))p. (b) Enter an order dismissing the information or indictment filed by the person who was not designated the prosecuting authority.
(2)2 ForHB purposes1579 of(((2))) designating(b) theEnter prosecutingan authorityorder wheredismissing the information or an indictment has been filed by the officeperson ofwho thewas attorneynot generaldesignated pursuant to RCW 43.10.232(2), the courtprosecuting shall,authority. in accordance with section 4 of this act, prioritize the public's interest in ensuring a fair and impartial prosecution and trial that is free from bias and even the appearance of bias, prejudice, or conflict of interest.
(2) For purposes of designating the prosecuting authority where information or an indictment has been filed by the office of the attorney general pursuant to RCW 43.10.232(2), the court shall prioritize the public's interest in ensuring a fair and impartial prosecution and trial that is free from even the appearance of bias, prejudice, or conflict of interest.
3.
A new section is added to chapter 43.10 RCW to read as follows:
(1) There is established within the office of the attorney general an independent prosecutions unit which shall be headed by the independent prosecutor appointed by the attorney general.
(2) The independent prosecutions unit has the authority and jurisdiction as provided under RCW 43.10.232 to investigate and prosecute any alleged criminal offense committed by a police officer involving the use of deadly force, as defined in RCW 9A.16.010.
(3) The independent prosecutor may employ and train personnel to achieve the purposes of this section, including attorneys, investigators, support personnel, and other personnel as the independent prosecutor determines necessary.
(4) If the independent prosecutor determines that a criminal charge is not warranted in a case, the independent prosecutor shall issue a public report, and post the report on its website, that includes the results of the investigation and an explanation of the reasons for the decision.
(5) The jurisdiction of the independent prosecutions unit applies to any criminal offense involving the use of deadly force by a police officer and any other investigations within the scope of the office of independent investigations.
(6) Where the alleged criminal offense has been committed by an officer of an agency whom the attorney general provides legal advice and representation, the attorney general must take appropriate steps p.
3 HB 1579 to assign counsel, staff, and supervision to eliminate any appearance of or actual conflicts of interest.
Sec.
FINDINGS.RCW 36.27.030 and 2009 c 549 s 4046 are each amended to read as follows:
The(1) legislatureWhen findsfrom thatillness or other cause the Washingtonprosecuting stateattorney Constitutionis providestemporarily thatunable to perform his or her duties, the legislaturecourt shallor prescribejudge may appoint some qualified person to discharge the duties of bothsuch theofficer attorneyin generalcourt anduntil the countydisability p.is removed.
3(2) SHBWhen 1579any prosecuting attorneys.attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the stated salary of the prosecuting attorney, not exceeding, however, one- fourth of the quarterly salary of the prosecuting attorney:
Show all 254 changed lines (214 more)
ThePROVIDED, legislatureThat findsin thatcounties thewherein closethere workingis relationshipsno andperson intertwinedqualified dutiesfor betweenthe localposition lawof enforcementprosecuting andattorney, localor prosecutorswherein canno givequalified person will consent to perform the appearanceduties of biasthat inoffice, reviewthe judge of incidentsthe superior court shall appoint some suitable person, a duly admitted and practicing attorney-at-law and resident of usethe state to perform the duties of deadlyprosecuting forceattorney byfor Washingtonsuch peacecounty, officersand he or she shall receive such reasonable compensation for his or her services as shall be fixed and correctionsordered officers.by the court, to be paid by the county for which the services are performed.
(3) In orderany tocase increaseinvolving publicpotential confidenceprosecution in the fairness of reviewa ofcrime investigationsinvolving of incidents of use of deadly force by Washingtona peacepolice officersofficer, andwhere correctionsthe officers,prosecuting andattorney tohas ensurea independenceconflict of interest and transparencyhas innot sucheither reviews,transferred the legislaturecase findsto ita necessaryconflict-free special deputy prosecuting attorney or to createthe anindependent prosecutions unit of the office of the attorney general, the court shall order the independent prosecutions withinunit of the office of the attorney general'sgeneral office.to discharge the responsibilities of the prosecuting attorney.
TheFor legislaturethe furtherpurposes findsof thatthis prosecutionssubsection, by"deadly theforce" independenthas prosecutorthe willmeaning bestprovided promotein theRCW interests9A.16.010. of justice.
NEW SECTION.
CREATION.RCW 36.27.040 and 2009 c 549 s 4047 are each amended to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of independent prosecutions is hereby established within the office of the attorney general for the purpose of reviewing investigations of use of deadly force by involved officers conducted pursuant to chapter 43.102 RCW.
The office is hereby authorized to review such investigations, decline criminal charges when appropriate, file criminal charges when appropriate, and prosecute such cases to the conclusion of the case, including appeals and collateral attacks.
(2) The office shall be a separate division within the attorney general's office.
The office shall maintain policies and procedures to ensure that personnel outside the office of independent prosecutions with an actual and perceived conflict, including other employees and divisions of the attorney general's office, shall be screened from the investigation and prosecution of any case.
(3) The office shall have authority to adopt rules for the maintaining of independent decision making and review of investigations of use of deadly force by involved officers.
NEW SECTION.
Sec.
6.
AUTHORITY OF ATTORNEY GENERAL REGARDING OFFICE OF INDEPENDENT PROSECUTIONS.
(1) The attorney general shall determine the compensation and appoint a licensed attorney as independent counsel to lead the office of independent prosecutions.
The independent counsel shall have final decision-making authority for:
4 SHBHB 1579 (a)(1)(a) HiringThe andprosecuting terminatingattorney personnelmay withinappoint one or more deputies who shall have the officesame ofpower independentin prosecutions;all respects as their principal.
(b)Each Decliningappointment theshall filingbe ofin criminalwriting, chargessigned after thorough review of an investigation of use of deadly force by anthe involvedprosecuting officerattorney, asand describedfiled in RCWthe 43.102.010;county auditor's office.
(c)Each Filingdeputy criminalthus chargesappointed aftershall thoroughhave reviewthe ofsame anqualifications investigationrequired of usethe prosecuting attorney, except that such deputy need not be a resident of deadlythe forcecounty byin anwhich involvedhe officer;or she serves.
and(b) (d)The Allprosecuting aspectsattorney ofmay appoint one or more special deputy prosecuting attorneys upon a contract or fee basis whose authority shall be limited to the litigationpurposes ofstated in the officewriting ofsigned independentby prosecutions.the prosecuting attorney and filed in the county auditor's office.
(2)Such Thespecial deputy prosecuting attorney generalshall maybe removeadmitted theto independentpractice counselas prioran toattorney before the expirationcourts of this state but need not be a resident of the independentcounty counsel'sin termwhich forhe misconductor she serves and shall not be under the legal disabilities attendant upon prosecuting attorneys or inabilitytheir deputies except to performavoid duties.any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney.
(c) The prosecuting attorney general shall otherwise be screenedresponsible fromfor the workacts of thehis officeor ofher independentdeputies prosecutions.and may revoke appointments at will.
The(2)(a) attorneyIn generalany shallcase provideinvolving nopotential inputprosecution andof havea nocrime decision-makinginvolving authorityuse overof whetherdeadly criminalforce chargesby area filedpolice afterofficer, reviewthe ofprosecuting anattorney investigationshall ofdetermine useif ofrecusal deadlyis forcenecessary byunder anthe involvedethical officer.rules applicable to all lawyers or to preserve public confidence.
(3)In Themaking officethis ofdetermination, independentit prosecutionsis shallimproper befor subject to the policiesprosecuting andattorney procedures applicable to employeesmake ofa thedetermination attorneyas general'sto officewhether exceptcriminal wherecharges thoseshall policiesbe andfiled proceduresor conflictprosecuted withif theany duties of the officefollowing ofexist: independent prosecutions.
(i) The prosecuting attorney has a relationship with the police officer or the police officer's employing agency, either personally or professionally, such that the prosecuting attorney's decision or pursuit of charges may be materially impacted;
(ii) The prosecuting attorney has a duty to represent the police officer's employing agency in any civil action related to or arising from the incident under consideration or criminally charged and the prosecuting attorney's decision or pursuit of charges arising from the police officer's use of deadly force may be materially impacted by the duty to defend;
or (iii) There is a significant risk that the prosecuting attorney's ability to consider, recommend, or carry out an appropriate course of p.
5 HB 1579 action will be materially limited as a result of the prosecuting attorney's other responsibilities or interests.
(b) If the prosecuting attorney finds recusal is necessary under the ethics rules or to preserve public confidence, the prosecuting attorney must either transfer the case to the independent prosecutions unit of the office of the attorney general within 30 days of receiving the case from the office of independent investigations under chapter 43.102 RCW or other investigating agency or appoint a conflict-free special deputy prosecuting attorney.
(i) The appointment of a conflict-free special deputy prosecuting attorney must be in writing signed by the prosecuting attorney and must be filed in the county auditor's office.
The appointment is limited to the purposes stated in the writing.
(ii) A conflict-free special deputy prosecuting attorney must be the final decision maker as to any matter identified in the appointment.
(iii) A conflict-free special deputy prosecuting attorney may only be removed for cause and with the approval of the superior court.
(iv) A conflict-free special deputy prosecuting attorney must be admitted to practice as an attorney before the courts of this state but need not be a resident of the county in which he or she serves and is not under the legal disabilities attendant upon prosecuting attorneys or their deputies except to avoid any conflict of interest with the purpose for which he or she has been engaged by the prosecuting attorney.
(c) For the purposes of this subsection, "deadly force" has the meaning provided in RCW 9A.16.010.
(3) Two or more prosecuting attorneys may agree that one or more deputies for any one of them may serve temporarily as deputy for any other of them on terms respecting compensation which are acceptable to said prosecuting attorneys.
Any such deputy thus serving shall have the same power in all respects as if he or she were serving permanently.
The provisions of chapter 39.34 RCW shall not apply to such agreements.
(4) The provisions of RCW 41.56.030(((2))) (12) shall not be interpreted to permit a prosecuting attorney to alter the at-will relationship established between the prosecuting attorney and his or her appointed deputies by this section for a period of time exceeding his or her term of office.
Neither shall the provisions of RCW p.
6 HB 1579 41.56.030(((2))) (12) require a prosecuting attorney to alter the at- will relationship established by this section.
7.6.
OFFICE OF INDEPENDENT PROSECUTIONS ADVISORY BOARD.
(1)(a) There is created the office of independent prosecutions advisory board.
The advisory board shall consist of the following members, appointed by the attorney general:
(i) Three members of the general public representing the community who are not current or former law enforcement, with preference given to individuals representing diverse communities;
(ii) Two members of the general public representing families affected by an incident of the nature under the jurisdiction of the office of independent prosecutions, who are not current or former law enforcement;
(iii) One member representing a federally recognized tribe in Washington, who is not current or former law enforcement;
(iv) One defense attorney representative;
(v) Two prosecuting attorney representatives;
and (vi) Two active or retired law enforcement personnel.
(b) The attorney general, when making appointments to the advisory board, shall make appointments that reflect the cultural diversity of the state of Washington.
p.
5 SHB 1579 (2) The attorney general shall select the independent counsel from a list of three candidates recommended by the advisory board unless the attorney general declines to select any of the candidates provided.
If the attorney general declines to select a candidate proposed by the advisory board, the attorney general may request the advisory board to provide additional qualified nominees for consideration or may offer an alternative candidate who may be appointed following approval by a majority of the advisory board.
(3) In consultation with the independent counsel, the advisory board shall submit a report with related recommendations to the legislature and the governor by November 1, 2026, concerning the cases that have been reviewed by the independent counsel under this chapter, any cases that have come before a judge under RCW 43.10.234, the disposition and outcomes of such cases, and whether there are any changes needed in state law to increase public confidence in the handling of cases under this chapter.
The advisory board must seek input from the public in its preparation of this report.
NEW SECTION.
Sec.
8.
INDEPENDENT COUNSEL.
(1) The independent counsel must meet the following minimum criteria for consideration of appointment by the attorney general:
(a) Licensure to practice law in the state of Washington;
(b) No documented criminal or disciplinary history involving dishonesty, discrimination against persons of color or marginalized communities, or abuse of power;
and (c) Submission to a background check, including an assessment of criminal history and research of social media and affiliations to check for racial bias and conflicts of interest, prior to appointment by the attorney general.
(2) Should the independent counsel resign, become incapacitated, or be removed as set forth in this chapter, the attorney general shall appoint an interim independent counsel within 24 hours, which person shall serve as independent counsel until such time as a new independent counsel can be appointed.
(3) The independent counsel shall hold the office for a term of three years and continue to hold office until reappointed or until his or her successor is appointed.
NEW SECTION.
Sec.
9.
POWERS AND DUTIES OF INDEPENDENT COUNSEL.
(1) The independent counsel shall:
p.
6 SHB 1579 (a) Oversee the duties and functions of the office of independent prosecutions pursuant to this chapter;
(b) Hire or contract with attorneys, investigators, advocates for those subjected to deadly force and their surviving family members, and other personnel as necessary to perform investigations and prosecutions conducted by the office, and other duties as required under this chapter;
(c) Plan and provide trainings for office personnel, including hired or contracted attorneys and investigators, that promote recognition of and respect for the diverse races, ethnicities, and cultures of the state;
(d) Enter into contracts and memoranda of understanding as necessary to implement the responsibilities of the office under this chapter;
(e) Ensure that persons subjected to use of deadly force by an involved officer, or their survivors, are kept apprised of the status of the review of the investigation, any charging decisions, all court hearings, and the status of any prosecution;
and ensure that all victims of charged crimes, or their surviving family members, are afforded the rights set forth in RCW 7.69.030;
(f) Perform the duties and exercise the powers set forth in this chapter, as well as any additional duties and powers that may be prescribed;
and (g) Establish policies and procedures to ensure that personnel with actual and apparent conflicts are screened from the review of the investigation for criminal charges.
(2) The independent counsel or the independent counsel's designees within the office shall make decisions pertaining to the declining or filing of criminal charges independent of the attorney general.
NEW SECTION.
Sec.
10.
PERSONNEL.
(1) The independent counsel may employ, or enter into contracts with, persons or entities as they determine necessary for the proper discharge of the duties prescribed to the independent counsel in this chapter.
(2) The independent counsel may employ assistant attorneys general, or appoint and contract with special assistant attorneys general, to perform or review investigations and prosecute charged cases.
p.
7 SHB 1579 (3) The independent counsel may employ or contract for other necessary personnel to perform the duties prescribed in this chapter to include, but not limited to:
(a) Forensic services and crime scene investigators;
(b) Liaisons for community, family, and relations with tribal nations and members;
(c) Analysts, including analysts to conduct evaluations on use of force;
(d) Mental health experts;
(e) Bilingual staff, translators, or interpreters;
(f) Other experts as needed;
and (g) All staffing and other needs for the office of independent prosecutions.
(4)(a) The independent counsel shall ensure training is provided to staff and that there is a regular schedule for additional training during the course of employment.
(b) The independent counsel shall ensure that the independent counsel and the independent counsel's staff, including any contracted personnel, engage in trainings that include the following topics:
(i) History of racism in policing, including tribal sovereignty and history of Native Americans within the justice system;
(ii) Implicit and explicit bias;
(iii) Intercultural competency;
(iv) Use of a racial equity lens in conducting the work of the office;
(v) Antiracism training;
(vi) Undoing institutional racism;
(vii) Criminal procedure, to include criminal discovery rules and the prosecution's obligations under CrR 4.7 and Brady v.
Maryland, 373 U.S.
83 (1963), and its progeny;
and (viii) Other relevant trainings as needed.
NEW SECTION.
Sec.
11.
APPOINTMENT OF ASSISTANT ATTORNEYS GENERAL— SPECIAL AND TEMPORARY.
The independent counsel may appoint one or more assistant attorneys general and special assistant attorneys general who shall have the same powers as prosecuting attorneys to perform investigations and prosecutions conducted by the office of independent prosecutions.
Each appointment shall be in writing, signed by the independent counsel.
p.
8 SHB 1579 NEW SECTION.
Sec.
12.
EMPLOYMENT OF LEGAL INTERNS.
Notwithstanding any other provision of this chapter, nothing in this chapter shall prevent law students from working as volunteer or paid legal interns or law clerks for the office of independent prosecutions, or as otherwise authorized by statute or court rule.
NEW SECTION.
Sec.
13.
PUBLIC RECORDS ACT.
(1)(a) The case records of the office of independent prosecutions, and all communications pertaining to same, are confidential and exempt from disclosure under chapter 42.56 RCW until such time as:
(i) A decision has been made to decline criminal charges in a particular case;
(ii) A charged case is dismissed;
(iii) A judge or jury returns a verdict of "not guilty";
or (iv) Entry of judgment and sentence following a guilty plea or verdict of guilty.
(b) After the occurrence of any of the events in (a) of this subsection, the case records and related communications of the office are subject to the provisions of chapter 42.56 RCW.
(2) If the independent counsel determines that a criminal charge is not warranted in a case, the independent counsel shall issue a public report that includes the results of the investigation and an explanation of the reasons for the decision, and post the report on the office of independent prosecutions' website.
NEW SECTION.
Sec.
14.
LIABILITY.
No action or other proceeding may be instituted against the independent counsel or the independent counsel's employees or contractors, or a person exercising powers or performing duties at the direction of the office of independent prosecutions, for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.
NEW SECTION.
Sec.
15.
DEFINITIONS.
The definitions set forth in RCW 43.102.010 apply to sections 4 through 14 of this act.
Sec.
16.
RCW 36.27.020 and 2016 c 173 s 7 are each amended to read as follows:
The prosecuting attorney shall:
p.
9 SHB 1579 (1) Be legal adviser of the legislative authority, giving it his or her written opinion when required by the legislative authority or the chairperson thereof touching any subject which the legislative authority may be called or required to act upon relating to the management of county affairs;
(2) Be legal adviser to all county and precinct officers and school directors in all matters relating to their official business, and when required draw up all instruments of an official nature for the use of said officers;
(3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party;
(4) ((Prosecute)) Subject to subsection (13) of this section, prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county;
(5) Attend and appear before and give advice to the grand jury when cases are presented to it for consideration and draw all indictments when required by the grand jury;
(6) Institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of felonies when the prosecuting attorney has information that any such offense has been committed and the prosecuting attorney shall for that purpose attend when required by them if the prosecuting attorney is not then in attendance upon the superior court;
(7) Carefully tax all cost bills in criminal cases and take care that no useless witness fees are taxed as part of the costs and that the officers authorized to execute process tax no other or greater fees than the fees allowed by law;
(8) Receive all cost bills in criminal cases before district judges at the trial of which the prosecuting attorney was not present, before they are lodged with the legislative authority for payment, whereupon the prosecuting attorney may retax the same and the prosecuting attorney must do so if the legislative authority deems any bill exorbitant or improperly taxed;
p.
10 SHB 1579 (9) Present all violations of the election laws which may come to the prosecuting attorney's knowledge to the special consideration of the proper jury;
(10) Examine once in each year the official bonds of all county and precinct officers and report to the legislative authority any defect in the bonds of any such officer;
(11) Seek to reform and improve the administration of criminal justice and stimulate efforts to remedy inadequacies or injustice in substantive or procedural law;
(12) Participate in the statewide sexual assault kit tracking system established in RCW 43.43.545 for the purpose of tracking the status of all sexual assault kits connected to criminal investigations and prosecutions within the county.
Prosecuting attorneys shall begin full participation in the system according to the implementation schedule established by the Washington state patrol;
(13)(a) In any case involving potential prosecution of a crime involving use of deadly force by an involved officer, the prosecuting attorney shall determine if recusal is necessary under the ethical rules applicable to all lawyers or to preserve public confidence.
In making this determination, it is improper for the prosecuting attorney to make a determination as to whether criminal charges shall be filed or prosecuted if any of the following exist:
(i) The prosecuting attorney has a relationship with the involved officer or the involved officer's employing agency, either personally or professionally, such that the prosecuting attorney's decision or pursuit of charges may be affected;
(ii) The prosecuting attorney has a duty to represent the involved officer's employing agency in any civil action related to or arising from the incident under consideration or criminally charged and the prosecuting attorney's decision or pursuit of charges arising from the police officer's use of deadly force may be affected by the duty to defend;
or (iii) There is a risk that the prosecuting attorney's ability to consider, recommend, or carry out an appropriate course of action will be limited as a result of the prosecuting attorney's other responsibilities or interests.
(b) If the prosecuting attorney finds recusal is necessary under the ethics rules or to preserve public confidence, the prosecuting attorney must transfer the case to the office of independent p.
11 SHB 1579 prosecutions in the attorney general's office within 30 days of receiving the case from the office of independent investigations under chapter 43.102 RCW.
(c) For the purposes of this subsection, "deadly force" and "involved officer" have the meanings provided in RCW 43.102.010.
Sec.
17.
RCW 36.27.030 and 2009 c 549 s 4046 are each amended to read as follows:
((When)) (1) Except as provided in subsection (3) of this section, when from illness or other cause the prosecuting attorney is temporarily unable to perform his or her duties, the court or judge may appoint some qualified person to discharge the duties of such officer in court until the disability is removed.
((When)) (2) Except as provided in subsection (3) of this section, when any prosecuting attorney fails, from sickness or other cause, to attend a session of the superior court of his or her county, or is unable to perform his or her duties at such session, the court or judge may appoint some qualified person to discharge the duties of such session, and the appointee shall receive a compensation to be fixed by the court, to be deducted from the stated salary of the prosecuting attorney, not exceeding, however, one- fourth of the quarterly salary of the prosecuting attorney:
PROVIDED, That in counties wherein there is no person qualified for the position of prosecuting attorney, or wherein no qualified person will consent to perform the duties of that office, the judge of the superior court shall appoint some suitable person, a duly admitted and practicing attorney-at-law and resident of the state to perform the duties of prosecuting attorney for such county, and he or she shall receive such reasonable compensation for his or her services as shall be fixed and ordered by the court, to be paid by the county for which the services are performed.
(3) In any case involving potential prosecution of a crime involving use of deadly force by an involved officer, where the prosecuting attorney has a conflict of interest and has not transferred the case to the office of independent prosecutions of the office of the attorney general, the court shall order the office of independent prosecutions of the office of the attorney general to discharge the responsibilities of the prosecuting attorney.
For the purposes of this subsection, "deadly force" and "involved officer" have the meanings provided in RCW 43.102.010.
p.
12 SHB 1579 NEW SECTION.
Sec.
18.
If the prosecuting attorney or conflict-free special deputy prosecuting attorney appointed pursuant to RCW 36.27.040 makes a determination not to file criminal charges in athe casecase, involvingthe useprosecuting ofattorney deadlyor forceconflict-free byspecial andeputy involved officer, the prosecuting attorney must refer the case and all investigative materials concerning the case to the office of independent prosecutions inunit of the office of the attorney general within 30 days of the decision to not file criminal charges.
For the purposes of this section, "deadly force" andhas "involved officer" have the meaningsmeaning provided in RCW 43.102.010.9A.16.010.
19.7.
The director shall ensure that incidentsp. occurring after the date the office begins investigating cases receive the highest priority for investigation.
(4)7 TheHB investigation1579 shouldincidents includeoccurring aafter reviewthe ofdate the entireoffice incident,begins includinginvestigating butcases notreceive limitedthe tohighest eventspriority immediatelyfor precedinginvestigation. p.
13(4) SHBThe 1579investigation should include a review of the entire incident, including but not limited to events immediately preceding the incident that may have contributed to or influenced the outcome of the incident that are directly related to the incident under investigation.
(9)(a) Upon the completion of an investigation authorized under this chapter, the office shall send its completed investigation and referral to both the county prosecuting attorney of the jurisdiction in which the offense occurred and the office of independent prosecutions in accordance with protocols established under RCW p.
14 SHB 1579 43.102.050(2)(c)(viii), and include any information, if known, regarding the presence of a conflict of interest.
(b) All employees of the office of independent investigations, and all members of an independent investigations team who participate in the investigation of a use of deadly force by an involved officer as defined in RCW 43.102.010, are encouraged to cooperate fully with requests for interviews or additional information from the office of independent prosecutions.
(c) The office of independent investigations or a member of the independent investigations team that investigated an incident of use of deadly force that is the subject of a review for criminal charges are encouraged to, at the request of the office of independent prosecutions, transport evidence to and from any laboratory, medical examiner's office, or expert witness as directed by the office of independent prosecutions.
(d) The office of independent investigations or a member of the independent investigations team that investigated an incident of use of deadly force that is the subject of criminal trial proceedings are encouraged to, at the request of the office of independent prosecutions, transport evidence to court as directed by the office of independent prosecutions.
Sec.
20.
RCW 41.80.400 and 2019 c 145 s 2 are each amended to read as follows:
(1) In addition to the agencies defined in RCW 41.80.005 and subject to the provisions of this section, this chapter applies to assistant attorneys general.
(2)(a) Assistant attorneys general who are not otherwise excluded from bargaining under (b) of this subsection are granted the right to collectively bargain.
(b) Division chiefs, deputy attorneys general, the solicitor general, the independent counsel, assistant attorneys general in the labor and personnel division, special assistant attorneys general, confidential employees as defined in RCW 41.80.005, and any assistant or deputy attorney general who reports directly to the attorney general are excluded from this section and do not have the right to collectively bargain.
(3) The only unit appropriate for the purpose of collective bargaining under this chapter is a statewide unit of all assistant attorneys general not otherwise excluded from bargaining.
158 SHBHB 1579 (4)(9) TheUpon governorthe orcompletion of an investigation authorized under this chapter, the governor'soffice designeeshall send its completed investigation and anreferral exclusiveto bargainingboth representativethe shallcounty negotiateprosecuting oneattorney masterof collectivethe bargainingjurisdiction agreementin forwhich assistantthe attorneysoffense general.occurred and the independent prosecutions unit in accordance with protocols established under RCW 43.102.050(2)(c)(viii).
Sec.The completed investigation and referral must include an analysis consistent with RCW 36.27.040(2) of whether recusal by the county prosecuting attorney of the jurisdiction in which the offense occurred is appropriate under the ethical rules applicable to all lawyers or to preserve public confidence.
21.
RCW 10.114.011 and 2021 c 318 s 401 are each amended to read as follows:
Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies.
The investigation must be completely independent of the agency whose officer was involved in the use of deadly force and conducted in accordance with chapter 43.102 RCW.
All investigatory reports must be handled in accordance with RCW 43.102.080.
Any rules adopted by the criminal justice training commission must be consistent with chapter 43.102 RCW.
22.8.
23.9.
NEW SECTION.
Sec.
24.
Sections 4 through 15 of this act are each added to chapter 43.10 RCW.
169 SHBHB 1579
Show all 254 changed rows (214 more)
View plain text versions (4)
- Bill View text Current pdf
- Substitute Substitute Bill pdf
- Substitute Second Substitute Bill pdf
- Substitute Third Substitute Bill pdf
Action History
-
By resolution, returned to House Rules Committee for third reading.
-
Executive session scheduled, but no action was taken in the Senate Committee on Ways & Means at 10:00 AM.
-
Public hearing in the Senate Committee on Ways & Means at 1:30 PM.
-
Referred to Ways & Means.
-
Minority; without recommendation.
-
Minority; do not pass.
-
And refer to Ways & Means.
-
LAW - Majority; do pass.
-
Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.
-
Public hearing in the Senate Committee on Law & Justice at 8:00 AM.
-
First reading, referred to Law & Justice.
-
Third reading, passed; yeas, 53; nays, 44; absent, 0; excused, 1.
-
Rules suspended. Placed on Third Reading.
-
3rd substitute bill substituted (APP 24).
-
Rules Committee relieved of further consideration. Placed on second reading.
-
Referred to Rules 2 Review.
-
Minority; do not pass.
-
APP - Majority; 3rd substitute bill be substituted, do pass.
-
Executive action taken in the House Committee on Appropriations at 4:00 PM.
-
Referred to Appropriations.
-
Rules Committee relieved of further consideration.
-
By resolution, reintroduced and retained in present status.
-
By resolution, returned to House Rules Committee for third reading.
-
Executive session scheduled, but no action was taken in the Senate Committee on Ways & Means at 10:00 AM.
-
Public hearing in the Senate Committee on Ways & Means at 12:30 PM.
-
Referred to Ways & Means.
-
And refer to Ways & Means.
-
Minority; do not pass.
-
LAW - Majority; do pass with amendment(s).
-
Executive action taken in the Senate Committee on Law & Justice at 6:00 PM.
-
Public hearing in the Senate Committee on Law & Justice at 10:30 AM.
-
First reading, referred to Law & Justice.
-
Third reading, passed; yeas, 52; nays, 44; absent, 0; excused, 2.
-
Rules suspended. Placed on Third Reading.
-
2nd substitute bill substituted (APP 23).
-
Rules Committee relieved of further consideration. Placed on second reading.
-
Referred to Rules 2 Review.
-
Minority; do not pass.
-
APP - Majority; 2nd substitute bill be substituted, do pass.
-
Executive action taken in the House Committee on Appropriations at 9:00 AM.
-
Public hearing in the House Committee on Appropriations at 1:30 PM.
-
Referred to Appropriations.
-
Minority; do not pass.
-
CSJR - Majority; 1st substitute bill be substituted, do pass.
-
Executive action taken in the House Committee on Community Safety at 8:00 AM.
-
Public hearing in the House Committee on Community Safety at 4:00 PM.
-
First reading, referred to Community Safety, Justice, & Reentry.
Sponsors
- Nicole Macri · Cosponsor
- Gerry Pollet · Cosponsor
- Julia Reed · Cosponsor
- Debra Lekanoff · Cosponsor
- Jessica Bateman · Cosponsor
- Monica Jurado Stonier · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 145 not signed on · 35 voted No
Sponsors (1)
- Monica Jurado Stonier Democrat
Co-sponsors (5)
- Nicole Macri Democrat
- Gerry Pollet Democrat
- Julia Reed Democrat
- Debra Lekanoff Democrat
- Jessica Bateman Democrat
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 30 | 0 | 0 |
| Democrat | 52 | 5 | 0 | 0 |
| Unaffiliated | 1 | 9 | 0 | 1 |
| Total | 53 | 44 | 0 | 1 |
| % of votes cast | 54% | 45% | 0% | 1% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Chambers | — | Nay |
| Chandler | — | Not Voting |
| Cheney | — | Nay |
| Chopp | — | Yea |
| Hutchins | — | Nay |
| Kretz | — | Nay |
| Maycumber | — | Nay |
| Mosbrucker | — | Nay |
| Robertson | — | Nay |
| Sandlin | — | Nay |
| Wilcox | — | Nay |
| Alex Ramel | Democrat | Yea |
| Alicia Rule | Democrat | Nay |
| Amy Walen | Democrat | Yea |
| April Berg | Democrat | Yea |
| Beth Doglio | Democrat | Yea |
| Bill Ramos | Democrat | Yea |
| Brandy Donaghy | Democrat | Yea |
| Chipalo Street | Democrat | Yea |
| Chris Stearns | Democrat | Yea |
| Cindy Ryu | Democrat | Yea |
| Clyde Shavers | Democrat | Nay |
| Dan Bronoske | Democrat | Nay |
| Darya Farivar | Democrat | Yea |
| Dave Paul | Democrat | Yea |
| David Hackney | Democrat | Yea |
| Davina Duerr | Democrat | Yea |
| Debra Entenman | Democrat | Yea |
| Debra Lekanoff | Democrat | Yea |
| Emily Alvarado | Democrat | Yea |
| Gerry Pollet | Democrat | Yea |
| Greg Nance | Democrat | Yea |
| Jake Fey | Democrat | Yea |
| Jamila Taylor | Democrat | Yea |
| Jessica Bateman | Democrat | Yea |
| Joe Fitzgibbon | Democrat | Yea |
| Joe Timmons | Democrat | Nay |
| Julia Reed | Democrat | Yea |
| Julio Cortes | Democrat | Yea |
| Kristine Reeves | Democrat | Yea |
| Larry Springer | Democrat | Yea |
| Lauren Davis | Democrat | Yea |
| Laurie Jinkins | Democrat | Yea |
| Lillian Ortiz-Self | Democrat | Yea |
| Lisa Callan | Democrat | Yea |
| Liz Berry | Democrat | Yea |
| Marcus Riccelli | Democrat | Yea |
| Mari Leavitt | Democrat | Nay |
| Mary Fosse | Democrat | Yea |
| Melanie Morgan | Democrat | Yea |
| Mia Gregerson | Democrat | Yea |
| Mike Chapman | Democrat | Yea |
| Monica Jurado Stonier | Democrat | Yea |
| My-Linh Thai | Democrat | Yea |
| Nicole Macri | Democrat | Yea |
| Roger Goodman | Democrat | Yea |
| Sharlett Mena | Democrat | Yea |
| Sharon Tomiko Santos | Democrat | Yea |
| Sharon Wylie | Democrat | Yea |
| Shelley Kloba | Democrat | Yea |
| Steve Bergquist | Democrat | Yea |
| Steve Tharinger | Democrat | Yea |
| Strom Peterson | Democrat | Yea |
| Tana Senn | Democrat | Yea |
| Tarra Simmons | Democrat | Yea |
| Timm Ormsby | Democrat | Yea |
| Tina Orwall | Democrat | Yea |
| Vandana Slatter | Democrat | Yea |
| Alex Ybarra | Republican | Nay |
| Andrew Barkis | Republican | Nay |
| April Connors | Republican | Nay |
| Carolyn Eslick | Republican | Nay |
| Chris Corry | Republican | Nay |
| Cyndy Jacobsen | Republican | Nay |
| Dan Griffey | Republican | Nay |
| Drew Stokesbary | Republican | Nay |
| Ed Orcutt | Republican | Nay |
| Jenny Graham | Republican | Nay |
| Jim Walsh | Republican | Nay |
| Joe Schmick | Republican | Nay |
| Joel McEntire | Republican | Nay |
| Keith Goehner | Republican | Nay |
| Kevin Waters | Republican | Nay |
| Leonard Christian | Republican | Nay |
| Mark Klicker | Republican | Nay |
| Mary Dye | Republican | Nay |
| Michelle Valdez | Republican | Nay |
| Mike Steele | Republican | Nay |
| Mike Volz | Republican | Nay |
| Paul Harris | Republican | Nay |
| Peter Abbarno | Republican | Nay |
| Sam Low | Republican | Nay |
| Skyler Rude | Republican | Nay |
| Stephanie Barnard | Republican | Nay |
| Stephanie McClintock | Republican | Nay |
| Suzanne Schmidt | Republican | Nay |
| Tom Dent | Republican | Nay |
| Travis Couture | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 29 | 0 | 1 |
| Democrat | 51 | 5 | 0 | 1 |
| Unaffiliated | 1 | 10 | 0 | 0 |
| Total | 52 | 44 | 0 | 2 |
| % of votes cast | 53% | 45% | 0% | 2% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Chambers | — | Nay |
| Chandler | — | Nay |
| Cheney | — | Nay |
| Chopp | — | Yea |
| Hutchins | — | Nay |
| Kretz | — | Nay |
| Maycumber | — | Nay |
| Mosbrucker | — | Nay |
| Robertson | — | Nay |
| Sandlin | — | Nay |
| Wilcox | — | Nay |
| Alex Ramel | Democrat | Yea |
| Alicia Rule | Democrat | Nay |
| Amy Walen | Democrat | Yea |
| April Berg | Democrat | Yea |
| Beth Doglio | Democrat | Yea |
| Bill Ramos | Democrat | Yea |
| Brandy Donaghy | Democrat | Yea |
| Chipalo Street | Democrat | Yea |
| Chris Stearns | Democrat | Yea |
| Cindy Ryu | Democrat | Yea |
| Clyde Shavers | Democrat | Nay |
| Dan Bronoske | Democrat | Nay |
| Darya Farivar | Democrat | Yea |
| Dave Paul | Democrat | Yea |
| David Hackney | Democrat | Yea |
| Davina Duerr | Democrat | Yea |
| Debra Entenman | Democrat | Yea |
| Debra Lekanoff | Democrat | Yea |
| Drew Hansen | Democrat | Not Voting |
| Emily Alvarado | Democrat | Yea |
| Gerry Pollet | Democrat | Yea |
| Jake Fey | Democrat | Yea |
| Jamila Taylor | Democrat | Yea |
| Jessica Bateman | Democrat | Yea |
| Joe Fitzgibbon | Democrat | Yea |
| Joe Timmons | Democrat | Nay |
| Julia Reed | Democrat | Yea |
| Julio Cortes | Democrat | Yea |
| Kristine Reeves | Democrat | Yea |
| Larry Springer | Democrat | Yea |
| Lauren Davis | Democrat | Yea |
| Laurie Jinkins | Democrat | Yea |
| Lillian Ortiz-Self | Democrat | Yea |
| Lisa Callan | Democrat | Yea |
| Liz Berry | Democrat | Yea |
| Marcus Riccelli | Democrat | Yea |
| Mari Leavitt | Democrat | Nay |
| Mary Fosse | Democrat | Yea |
| Melanie Morgan | Democrat | Yea |
| Mia Gregerson | Democrat | Yea |
| Mike Chapman | Democrat | Yea |
| Monica Jurado Stonier | Democrat | Yea |
| My-Linh Thai | Democrat | Yea |
| Nicole Macri | Democrat | Yea |
| Roger Goodman | Democrat | Yea |
| Sharlett Mena | Democrat | Yea |
| Sharon Tomiko Santos | Democrat | Yea |
| Sharon Wylie | Democrat | Yea |
| Shelley Kloba | Democrat | Yea |
| Steve Bergquist | Democrat | Yea |
| Steve Tharinger | Democrat | Yea |
| Strom Peterson | Democrat | Yea |
| Tana Senn | Democrat | Yea |
| Tarra Simmons | Democrat | Yea |
| Timm Ormsby | Democrat | Yea |
| Tina Orwall | Democrat | Yea |
| Vandana Slatter | Democrat | Yea |
| Alex Ybarra | Republican | Nay |
| Andrew Barkis | Republican | Nay |
| April Connors | Republican | Nay |
| Carolyn Eslick | Republican | Not Voting |
| Chris Corry | Republican | Nay |
| Cyndy Jacobsen | Republican | Nay |
| Dan Griffey | Republican | Nay |
| Drew Stokesbary | Republican | Nay |
| Ed Orcutt | Republican | Nay |
| Jenny Graham | Republican | Nay |
| Jim Walsh | Republican | Nay |
| Joe Schmick | Republican | Nay |
| Joel McEntire | Republican | Nay |
| Keith Goehner | Republican | Nay |
| Kevin Waters | Republican | Nay |
| Leonard Christian | Republican | Nay |
| Mark Klicker | Republican | Nay |
| Mary Dye | Republican | Nay |
| Michelle Valdez | Republican | Nay |
| Mike Steele | Republican | Nay |
| Mike Volz | Republican | Nay |
| Paul Harris | Republican | Nay |
| Peter Abbarno | Republican | Nay |
| Sam Low | Republican | Nay |
| Skyler Rude | Republican | Nay |
| Stephanie Barnard | Republican | Nay |
| Stephanie McClintock | Republican | Nay |
| Suzanne Schmidt | Republican | Nay |
| Tom Dent | Republican | Nay |
| Travis Couture | Republican | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 1579?
- HB 1579 is sponsored by Nicole Macri (Democrat), Gerry Pollet (Democrat), Julia Reed (Democrat), Debra Lekanoff (Democrat), Jessica Bateman (Democrat), and Monica Jurado Stonier (Democrat).
- What is the current status of HB 1579?
- This bill died with 2023-2024 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 1579?
- Track HB 1579 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 1579
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 1579
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →