HB 1064 — Concerning law enforcement.

H-0490.1SUBSTITUTEH-0244.2HOUSE HOUSE BILL 1064State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Public Safety (originally sponsored by Representatives Goodman, Klippert, Sells, Ryu, Orwall, Irwin, Ortiz-Self, Pellicciotti, Kirby, Appleton, Lovick, Dolan, Springer, Barkis, Santos, Griffey, Kloba, Smith, Doglio, Gregerson, Shewmake, Pollet, Tarleton, Valdez, Peterson, Fey, Stanford, Slatter, Tharinger, Hansen, Wylie, Fitzgibbon, Jinkins, Macri, Bergquist, Chambers, Graham, Frame, and Reeves)READReevesPrefiled FIRST12/17/18.Read TIMEfirst 01/17/19.ANtime 01/14/19.Referred to Committee on Public Safety.AN ACT Relating to law enforcement;

amending 2019RCW c43.101.--- 1and s36.28A.---; 9 (uncodified);

reenacting and amending RCW2019 43.101.455,c 36.28A.445,... and 9A.16.040;

s 9 (uncodified);

reenacting and amending RCW 9A.16.040;

repealing RCW 10.114.010, 10.114.020, 9A.16.045, 43.101.450, 43.101.452, 43.101.455, and 9A.16.045;36.28A.445;

repealing 2018 c 10 sss 1, 2, and 3 and 2018 c 11 sss 3, 4, 5, 6, and 7;

RCW 43.101.45543.101.--- and 2019 c 1... s 5 (Initiative Measure No.

940)s are5 each(Initiative reenactedMeasure andNo. amended to read as follows:(1) Within six months after December 6, 2018, the commission must consult with law enforcement agencies and community stakeholders and adopt rules for carrying out the training requirements of RCW 43.101.450 and 43.101.452.

Such940) rulesare must,each atamended ato minimum:(a)read Adoptas trainingfollows:(1) hourWithin requirementssix andmonths curriculumafter forDecember initial6, violence2018, de-escalationthe trainingscommission requiredmust byconsult ((thiswith act))chapterlaw 1,enforcement Lawsagencies ofand 2019;(b)community Adoptstakeholders training hour requirements and curriculumadopt rules for initialcarrying mentalout health trainings required by ((this act))chapter 1, Laws of 2019, which may include all or part of the mental health training curricularequirements establishedof under RCW 43.101.22743.101.--- and 43.101.427;(c)43.101.--- Adopt(sections annual3 training hour requirements and curricula4, forchapter continuing. trainings required by ((this act))chapter 1, Laws of 2019;(d) Establish means by which law enforcement officers will receive trainings required by ((this act))chapter 1, Laws of 2019;

and(e)(Initiative RequireMeasure complianceNo. with ((this act's))chapter 1, Laws of 2019 training requirements ((as a condition of maintaining certification)).(2) In developing curricula, the commission shall consider inclusion of the following:(a) De-escalation in patrol tactics and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;(b) Alternatives to jail booking, arrest, or citation in situations where appropriate;(c) Implicit and explicit bias, cultural competency, and the historical intersection of race and policing;(d) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities and/or behavioral health issues;(e) "Shoot/don't shoot" scenario training;(f) Alternatives to the use of physical or deadly force so that de-escalation tactics and less lethal alternatives are part of the decision-making process leading up to the consideration of deadly force ((is used only when unavoidable and as a last resort));(g) Mental health and policing, including bias and stigma;

and(h)940), Using public service, including rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.(3) The initial violence de-escalation training must educate officers on the good faith standard for use of deadly force established by ((this act))chapter 1, Laws of 20192019). and how that standard advances violence de-escalation goals.(4) The commission may provide trainings, alone or in partnership with private parties or law enforcement agencies, authorize private parties or law enforcement agencies to provide trainings, or any combination thereof.

Such rules must, at a minimum:(a) Adopt training hour requirements and curriculum for initial violence de-escalation trainings required by chapter .

(Initiative Measure No.

940), Laws of 2019;(b) Adopt training hour requirements and curriculum for initial mental health trainings required by chapter .

(Initiative Measure No.

940), Laws of 2019, which may include all or part of the mental health training curricula established under RCW 43.101.227 and 43.101.427;(c) Adopt annual training hour requirements and curricula for continuing trainings required by chapter .

(Initiative Measure No.

940), Laws of 2019;(d) Establish means by which law enforcement officers will receive trainings required by chapter .

(Initiative Measure No.

940), Laws of 2019;

and(e) Require compliance with chapter .

(Initiative Measure No.

940), Laws of 2019 training requirements ((as a condition of maintaining certification)).(2) In developing curricula, the commission shall consider inclusion of the following:(a) De-escalation in patrol tactics and interpersonal communication training, including tactical methods that use time, distance, cover, and concealment, to avoid escalating situations that lead to violence;(b) Alternatives to jail booking, arrest, or citation in situations where appropriate;(c) Implicit and explicit bias, cultural competency, and the historical intersection of race and policing;(d) Skills including de-escalation techniques to effectively, safely, and respectfully interact with people with disabilities and/or behavioral health issues;(e) "Shoot/don't shoot" scenario training;(f) Alternatives to the use of physical or deadly force so that de-escalation tactics and less lethal alternatives are part of the decision-making process leading up to the consideration of deadly force ((is used only when unavoidable and as a last resort));(g) Mental health and policing, including bias and stigma;

and(h) Using public service, including rendering of first aid, to provide a positive point of contact between law enforcement officers and community members to increase trust and reduce conflicts.(3) The initial violence de-escalation training must educate officers on the good faith standard for use of deadly force established by chapter .

(Initiative Measure No.

940), Laws of 2019 and how that standard advances violence de-escalation goals.(4) The commission may provide trainings, alone or in partnership with private parties or law enforcement agencies, authorize private parties or law enforcement agencies to provide trainings, or any combination thereof.

RCW 36.28A.44536.28A.--- and 2019 c 1... s 6 (Initiative Measure No.

940)s are6 each(Initiative reenactedMeasure andNo. amended to read as follows:(1) It is the policy of the state of Washington that all law enforcement personnel must ((render first aid to save lives))provide or facilitate first aid such that it is rendered at the earliest safe opportunity to injured persons at a scene controlled by law enforcement.(2) Within one year after December 6, 2018, the Washington state criminal justice training commission, in consultation with the Washington state patrol, the Washington association of sheriffs and police chiefs, organizations representing state and local law enforcement officers, health providers and/or health policy organizations, tribes, and community stakeholders, shall develop guidelines for implementing the duty to render first aid adopted in this section.

940) are each amended to read as follows:(1) It is the policy of the state of Washington that all law enforcement personnel must ((render first aid to save lives))provide or facilitate first aid such that it is rendered at the earliest safe opportunity to injured persons at a scene controlled by law enforcement.(2) Within one year after December 6, 2018, the Washington state criminal justice training commission, in consultation with the Washington state patrol, the Washington association of sheriffs and police chiefs, organizations representing state and local law enforcement officers, health providers and/or health policy organizations, tribes, and community stakeholders, shall develop guidelines for implementing the duty to render first aid adopted in this section.

RCW 9A.16.040 and 2019 c 1... s 7 (Initiative Measure No.

s 7 (Initiative Measure No.

or(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm.Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given, provided the officer meets the good faith standard of this section.(3) A public officer covered by subsection (1)(a) of this section shall not be held criminally liable for using deadly force without malice and with a good faith belief that such act is justifiable pursuant to this section.(4) A ((law enforcement))peace officer shall not be held criminally liable for using deadly force ((if such officer meets the good faith standard adopted in this section))in good faith, where "good faith" is an objective standard which shall consider all the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.(5) ((The following good faith standard is adopted for law enforcement officer use of deadly force:(a) The good faith standard is met only if both the objective good faith test in (b) of this subsection and the subjective good faith test in (c) of this subsection are met.(b) The objective good faith test is met if a reasonable officer, in light of all the facts and circumstances known to the officer at the time, would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.(c) The subjective good faith test is met if the officer intended to use deadly force for a lawful purpose and sincerely and in good faith believed that the use of deadly force was warranted in the circumstance.(d) Where the use of deadly force results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform the determination of whether the use of deadly force met the objective good faith test established by this section and satisfied other applicable laws and policies.(6) For the purpose of this section, "law enforcement officer" means any law enforcement officer in the state of Washington, including but not limited to law enforcement personnel and peace officers as defined by RCW 43.101.010.))43.101.010.(7))) This section shall not be construed as:(a) Affecting the permissible use of force by a person acting under the authority of RCW 9A.16.020 or 9A.16.050;

2019 c 1... s 9 (Initiative Measure No.

940)s (uncodified)9 is(Initiative amendedMeasure toNo. read as follows:(1) Except where a different timeline is provided in ((this act))chapter 1, Laws of 2019, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of ((this act))chapter 1, Laws of 2019 within one year after December 6, 2018.

In940) carrying(uncodified) outis allamended ruleto makingread underas ((thisfollows:(1) act))chapterExcept 1,where Lawsa ofdifferent 2019,timeline theis commissionprovided shallin seek((this inputact))chapter from. the attorney general, law enforcement agencies, the Washington council of police and sheriffs, the Washington state fraternal order of police, the council of metropolitan police and sheriffs, the Washington state patrol troopers association, at least one association representing law enforcement who represent traditionally underrepresented communities including the black law enforcement association of Washington, tribes, and community stakeholders.

(Initiative Measure No.

940), Laws of 2019, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of ((this act))chapter .

(Initiative Measure No.

940), Laws of 2019 within one year after December 6, 2018.