HB 2086 — Updating processes of the office of independent investigations by changing authority to obtain and share investigative information and aligning with current operations and practices.

H-2708.1Z-0615.1 SUBSTITUTE HOUSE BILL 2086 State of Washington 68th Legislature 2024 Regular Session By House Community Safety, Justice, & Reentry (originally sponsored by Representatives Entenman, Goodman, Fitzgibbon, Berry, Reed, Ormsby, Street, Doglio, Farivar, and Kloba;

by request of Office of Independent Investigations)Investigations READPrefiled FIRST01/02/24. TIME 01/23/24.

Read first time 01/08/24.

Referred to Committee on Community Safety, Justice, & Reentry.

1 SHBHB 2086 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.

2 SHBHB 2086 Sec.

3 SHBHB 2086 including the timing of such reports, provided that any incident involving substantial bodily harm, great bodily harm, or death is reported to the office immediately in accordance with RCW 43.102.120;

4 SHBHB 2086 recognized tribe, and notification of the governor's office of Indian affairs within 24 hours in cases of deadly use of force;

5 SHBHB 2086 (ii) Involving prior investigations of deadly force by an involved officer if new evidence is brought forth that was not included in the initial investigation.

6 SHBHB 2086 (7) In conducting the investigation the office shall have access to, and copies of, reports and information necessary or related to the investigation in the custody and control of the involved agency, 911 emergency communication centers, and any law enforcement agency responding to the scene of the incident ((including)) as soon as possible.

7 SHBHB 2086 involved agency personnel and other first responders have rendered the scene safe and provided or facilitated lifesaving first aid to persons at the scene who have life-threatening injuries.

8 SHBHB 2086 (b) Once the scene is relinquished, no member of the involved agency may participate in any way in the investigation, with the exception of the use of specialized equipment that is necessary for the investigation and where no alternative exists.

(b) NoUnder no circumstances may any information provided under (a) of this subsection may be divulged directly or indirectly to any involved officers or witness officers.

9 SHBHB 2086 (ii) The involved agency must agree in writing that no involved officer or witness officer will have access to the informationinformation; other than what is released to the general public.

Anyand press(iii) releaseThe containingperson, informationfamily, providedor representative of any person who is the subject of the action by the officeinvolved pursuantofficer tothat is under investigation by this sectionoffice must be preapprovednotified bythat the office;information was provided and, as soon as possible without jeopardizing the integrity of any investigation, be provided with the information contained in (b)(i) and (ii) of this subsection.

and (iii) The person, family, or representative of any person who is the subject of the action by the involved officer that is under investigation by the office must be notified by the office that the information was provided and, as soon as possible without jeopardizing the integrity of any investigation, be provided with the information contained in (b)(i) and (ii) of this subsection.

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

10 SHBHB 2086 (3)(4) TheFor advisorythe boardpurposes shallof submitthis section, "in-custody death" means a reportdeath withof relatedan recommendationsindividual towhile theunder legislaturephysical andcontrol governorof bya Novembergeneral 1,authority 2023.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.

(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.

11 SHBHB 2086