HB 1363 — Concerning vehicular pursuits.

H-1364.1H-0536.1 SUBSTITUTE HOUSE BILL 1363 State of Washington 68th Legislature 2023 Regular Session By House Community Safety, Justice, & Reentry (originally sponsored by Representatives Rule, Robertson, Shavers, Mosbrucker, Reeves, Leavitt, Paul, Griffey, Timmons, Bronoske, Klicker, Walen, Hackney, Couture, Maycumber, Corry, Cortes, McClintock, Davis, Bergquist, Christian, Connors, Dent, Jacobsen, Sandlin, Rude, Stokesbary, Barkis, Graham, Chapman, Ryu, Lekanoff, Wylie, Springer, Callan, Cheney, Orcutt, Stonier, Caldier, and Berg)Berg READRead FIRSTfirst TIMEtime 02/17/23.01/16/23.

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

and amending RCW 10.116.060;10.116.060.

providing an expiration date;

and declaring an emergency.

(1) A peace officer may not engage((engage inin)) conduct a vehicular pursuit, unless:

(a)(((i)))(a)(((i) There is ((probableprobable cause to believe))believe reasonable suspicion that a person in the vehicle has committed or is committing ((a)):a violent offense or sex offense as defined in RCW 9.94A.030, or an escape under chapter 9A.76 RCW;

(i)or A(ii))) violentThere offenseis ((or))reasonable assuspicion defineda person in the vehicle has committed or is committing a ((driving under the influence offense under RCW 9.94A.030;46.61.502;

(ii)(b) AThe sexpursuit offenseis asnecessary definedfor inthe RCWpurpose 9.94A.030((,of identifying or an));apprehending the person;

(iii)(c) AThe vehicularperson assaultposes an imminent threat to the safety of others)) criminal offense and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under RCWthe 46.61.522;circumstances;

(iv)((and Anp. assault in the first, second, third, or fourth degree offense under chapter 9A.36 RCW, involving domestic violence as defined in RCW 10.99.020;

(v)1 AnHB escape1363 under(d))) chapter(b)(i) 9A.76Except RCW;as provided in (((d))) (b)(ii) of this subsection, the officer ((has received authorization to engage in the pursuit from a supervising officer and there is supervisory control of the pursuit.

orThe (((ii)officer Therein isconsultation reasonablewith suspicion a person in the vehiclesupervising hasofficer committedmust orconsider isalternatives committingto a)) (vi) A driving under the influencevehicular offensepursuit. under RCW 46.61.502;

The supervisor must consider)) notifies a supervising officer immediately upon initiating the vehicular pursuit, informing the supervisor of the justification for the vehicular pursuit and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle, and ((the vehicular pursuit must be terminated if any of the requirements of this subsection are not met)) the officer, in consultation with the supervising officer, considers alternatives to the vehicular pursuit;

(ii) ((For those jurisdictions with fewer than 10 commissioned officers, if)) If a supervisor is not on duty at the time, the officer will request the on-call supervisor be notified of the pursuit according to the agency's procedures.

The officer must consider alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle((.

The officer must terminate the vehicular pursuit if any of the requirements of this subsection are not met.

(2)));

(c) ((A pursuing)) The officer ((shall comply)) complies with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit ((and comply));

(d) The supervising officer, the pursuing officer, or dispatcher notifies other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit, and the pursuit complies with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;

(e) The pursuing officer is able to directly communicate with other officers engaging in the pursuit and the dispatch agency, such as being on a common radio channel or having other direct means of communication;

12 SHBHB 1363 (b)(f) TheAs soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, or responsible agency develops a plan to end the pursuit isthrough necessarythe foruse of available pursuit intervention options, such as the purposeuse of identifyingthe pursuit intervention technique, deployment of spike strips or apprehendingother thetire person;deflation devices, or other department-authorized pursuit intervention tactics;

(c)(g) The personpursuing posesofficer ((anhas imminentcompleted threatan toemergency thevehicle safetyoperator's of))course, ahas seriouscompleted riskupdated ofemergency harmvehicle tooperator others,training andin the safetyprevious riskstwo ofyears, failingand tois apprehendcertified orin identifyat theleast personone are considered to be greater than the safety risks of the vehicular pursuit underintervention theoption. circumstances;

and(2) (d)(i)A Exceptvehicular aspursuit providednot inmeeting (d)(ii) of this subsection, the ((officerrequirements hasunder receivedsubsection authorization(1) toof engagethis insection themust pursuitbe from))terminated. pursuing officer notifies a supervising officer ((and)) immediately upon initiating the vehicular pursuit;

there(3) isA supervisorypeace ((control))officer oversightmay not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the pursuit((.operator's or a passenger's use of a deadly weapon.

The));

and the pursuing officer, in consultation with the supervising officer ((must consider)), considers alternatives to the vehicular pursuit((.

The supervisor must consider)), the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle((, and the vehicular pursuit must be terminated if any of the requirements of this subsection are not met));

(ii) For those jurisdictions with fewer than 10 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer ((will request)) requests the on-call supervisor be notified of the pursuit according to the agency's procedures((.

The)), and the pursuing officer ((must consider)) considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle.

((The officer must terminate the vehicular pursuit if any of the requirements of this subsection are not met.)) (2) ((A pursuing)) In any vehicular pursuit under this section:

(a) The pursuing officer and supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit ((and comply));

(b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and supervising officer, if applicable, shall comply with any agency p.

2 SHB 1363 procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;

(c) The pursuing officer must be able to directly communicate with other officers engaging in the pursuit, the supervising officer, if applicable, and the dispatch agency, such as being on a common radio channel or having other direct means of communication;

(d) As soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, if applicable, or responsible agency shall develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department-authorized pursuit intervention tactics;

and (e) The pursuing officer must have completed an emergency vehicle operator's course, must have completed updated emergency vehicle operator training in the previous two years, where applicable, and must be certified in at least one pursuit intervention option.

(3) A vehicular pursuit not meeting the requirements under this section must be terminated.

(((3))) (4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon.

(((4)))(4) (5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.