HB 2508 — Clarifying the scope of authority of the office of independent investigations to align with current operations and practices and to include public disclosure requirements and protect privacy.

ENGROSSEDZ-0415.2 SUBSTITUTE HOUSE BILL 2508 State of Washington 69th Legislature 2026 Regular Session By House Community Safety (originally sponsored by Representatives Entenman, Kloba, Mena, Stearns, Parshley, Reeves, Bergquist, Burnett, Doglio, Goodman, Ormsby, Hill, Pollet, Street, and Reed;

by request of Office of Independent Investigations)Investigations READRead FIRSTfirst TIMEtime 02/04/26.01/15/26.

Referred to Committee on Community Safety.

1 ESHBHB 2508 (5) "Great bodily harm" has the meaning provided in RCW 9A.04.110.

2 ESHBHB 2508 Sec.

3 ESHBHB 2508 if the use of force may have caused or contributed, directly or indirectly, to the death;

4 ESHBHB 2508 and have priority over any other state or local agency investigating the incident or a case that is under the jurisdiction of the office.

(a) If the incident involves use of deadly force by an involved officer that((that results inin)), death, substantial bodily harm, or great bodily harm, or any other use of force bythat anmay involvedhave officercaused whereor therecontributed, isdirectly goodor reasonindirectly to believedeath, thesubstantial usebodily ofharm, forceor maygreat havebodily causedharm, or contributed,any directlyin-custody or indirectly, to a death, the involved agency must immediately contact the office pursuant to the procedure established by the director once the 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 p.

5 ESHBHB 2508 who have life-threatening injuries.

(b) IfIn aall deathother doescases, notthe occurinvolved duringagency ormust shortlynotify afterthe aoffice use of forcethe otherincident thanpursuant deadly force, notification to the officeprocedure doesestablished notby need to be made immediately after the scenedirector. is safe and lifesaving measures have been taken;

provided, however, that the involved agency must notify the office as soon as there is good reason to believe the use of force may have caused or contributed, directly or indirectly to a death.

(c) In all other cases, the involved agency must notify the office of the incident pursuant to the procedure established by the director.

(3)(a) When the office investigator, or independent investigation team acting at the request of the office, arrives at the scene of an incident under the jurisdiction of the office, the involved agency will relinquish control of the scene to the office investigator or independent investigation team upon the request of the office p.investigator.

6 ESHB 2508 investigator.

If there is any equipmentp. of the involved agency used in the investigation, steps must be taken to appropriately limit the role of any involved agency personnel in facilitating the use of that equipment or their engagement with the investigation.

6 HB 2508 equipment of the involved agency used in the investigation, steps must be taken to appropriately limit the role of any involved agency personnel in facilitating the use of that equipment or their engagement with the investigation.

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

7 ESHB 2508 (ii) The involved agency must agree in writing that no involved officer or witness officer will have access to the information other than what is released to the general public.

and (iii) The person, family, or representative of any person who is the subject of the action by the involved officer that is under investigationp. 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.

7 HB 2508 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.

(1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to p.discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;

8(2) ESHBInformation 2508revealing disciplinethe membersidentity of anypersons profession,who theare nondisclosurewitnesses to or victims of whichcrime isor essentialwho tofile effectivecomplaints with investigative, law enforcementenforcement, or forpenology agencies, other than the protectioncommission, ofif disclosure would endanger any person's rightlife, tophysical privacy;p.

(2)8 InformationHB revealing2508 the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property.

p.(7) Data from the electronic sales tracking system established in RCW 69.43.165;

9 ESHB 2508 (7) Data from the electronic sales tracking system established in RCW 69.43.165;

(9)p. Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.

9 HB 2508 (9) Personally identifying information collected by law enforcement agencies pursuant to local security alarm system programs and vacation crime watch programs.

p.(i)(A) Any areas of a medical facility, counseling, or therapeutic program office where:

10 ESHB 2508 (i)(A) Any areas of a medical facility, counseling, or therapeutic program office where:

or (B)p. Information that meets the definition of protected health information for purposes of the health insurance portability and accountability act of 1996 or health care information for purposes of chapter 70.02 RCW;

10 HB 2508 (B) Information that meets the definition of protected health information for purposes of the health insurance portability and accountability act of 1996 or health care information for purposes of chapter 70.02 RCW;

p.(iii) Provide the date, time, and location of the incident or incidents;

11 ESHB 2508 (iii) Provide the date, time, and location of the incident or incidents;

(e)(i) A person directly involved in an incident recorded by the requested body worn camera recording, an attorney representing a person directly involved in an incident recorded by the requested body worn camera recording, a person or his or her attorney who requestsp. a body worn camera recording relevant to a criminal case involving that person, or the executive director from either the Washington state commission on African American affairs, Asian Pacific American affairs, or Hispanic affairs, has the right to obtain the body worn camera recording, subject to any exemption under this chapter or any applicable law.

11 HB 2508 requests a body worn camera recording relevant to a criminal case involving that person, or the executive director from either the Washington state commission on African American affairs, Asian Pacific American affairs, or Hispanic affairs, has the right to obtain the body worn camera recording, subject to any exemption under this chapter or any applicable law.

p.(ii) An agency that charges redaction costs under this subsection (14)(f) must use redaction technology that provides the least costly commercially available method of redacting body worn camera recordings, to the extent possible and reasonable.

12(iii) ESHBIn 2508any (ii)case Anwhere an agency that charges redactiona requestor for the costs of redacting a body worn camera recording under this subsection (14)(f)(14)(f), mustthe usetime redactionspent technologyon thatredaction providesof the leastrecording costlyshall commerciallynot availablecount methodtowards ofthe redactingagency's bodyallocation wornof, cameraor recordings,limitation toon, thetime extentor possiblecosts andp. reasonable.

(iii)12 InHB any2508 case where an agency charges a requestor for the costs of redacting a body worn camera recording under this subsection (14)(f), the time spent on redaction of the recording shall not count towards the agency's allocation of, or limitation on, time or costs spent responding to public records requests under this chapter, as established pursuant to local ordinance, policy, procedure, or state law.

p.(i) The survivor consents to inspection or copying;

13 ESHB 2508 (i) The survivor consents to inspection or copying;