||| BY LIN MCNULTY, theORCASONIAN EDITOR |||
A package of five new laws in the State of Washington aimed at law enforcement reform and accountability that were signed by Gov. Jay Inslee in May are now set to go into effect today, Sunday, July 25.
The reforms follow the national uprising and outrage that pierced public awareness last summer with the murder of George Floyd, a 46-year old Black man, while in custody of Minneapolis Police Department. The spectacle was recorded by bystanders as Derek Chauvin, one of four police officers who arrived on the scene, knelt on Floyd’s neck and back for 9 minutes and 29 seconds. and citizens world-wide reacted in horror and outrage. Floyd’s last words as he lay handcuffed, belly down, his neck under the knee of Chauvin, were a plea for help: “I can’t breathe,” as bystanders appealed to Chauvin and his follow officers for Floyd’s life. Chauvin has been since been found guilty of all charges, including second-degree intentional murder, third-degree murder, and second-degree manslaughter. He is currently serving a prison sentence of 22.5 years.
The country has since clamored for change to police responses that all too often result in the death of citizens. These new laws are the response to citizen outcry from Washington legislators:
HB 1054 – Police Tactics – effective date July 25, 2021
- Prohibits the use of a chokehold or neck restraint in any circumstance.
- Prohibits no-knock warrants.
- States the Criminal Justice Training Commission will develop a statewide model policy for training/use of K-9 teams.
- Prohibits the use of tear gas except in three circumstances: harm posed by a riot, barricaded subject or hostage situation.
- States that prior to deploying tear gas, law enforcement officers must exhaust available and appropriate alternatives; obtain authorization from a supervising officer; announce the intent to use tear gas and allow sufficient time and space for the subject(s) to comply.
- Prohibits use or acquisition of military equipment; agencies must return or destroy any military equipment by Dec. 31, 2022.
- Requires uniformed officers are identifiable (for example, a name badge).
- Prohibits vehicle pursuits unless the officer has probable cause that a crime (violent or sex offense) has been/is being committed; there is a reasonable suspicion of DUI and other stipulations.
- Prohibits a law enforcement officer from firing a weapon at a moving vehicle.
HB 1310 – Use of Force – effective July 25, 2021
- Authorizes a law enforcement officer to use deadly force only when necessary to protect against an imminent threat of serious physical injury or death.
- Requires that an officer exhaust available and appropriate de-escalation tactics prior to using any physical force.
- When using physical force, an officer is required to use the least amount of physical force necessary.
- Requires police to terminate the use of physical force as soon as the necessity for it ends.
- By July 1, 2022, the State Attorney General must develop a model policy on law enforcement use of force and de-escalation tactics statewide.
- Requires basic training provided by the Criminal Justice Training Commission be consistent with the use-of-force requirements and limitations and the Attorney General’s model policy on use of force and de-escalation.
SB 5051 – Decertification of Officers – effective July 25, 2021
- Establishes criteria for mandatory statewide standards to de-certify police and corrections officers.
- The Criminal Justice Training Commission may conduct independent investigations into allegations of improper conduct.
- The Criminal Justice Training Commission may issue public recommendations regarding law enforcement agencies’ command decisions, inadequacy of policy or training, investigations or disciplinary decisions regarding misconduct, potential systemic violations of law or policy, unconstitutional policing, or other matters.
- Expands requirements on pre-hire background checks
- Requires law enforcement and corrections agencies to report to the Criminal Justice Training Commission within 15 days of death or serious injury caused by the use of force by an officer or any time an officer has been charged with a crime.
- Specifies that the Criminal Justice Training Commission shall have the sole authority to provide basic law enforcement training.
SB 5066 – Duty to Intervene – effective July 25, 2021
- Requires any identifiable law enforcement officer who witnesses another officer using or attempting to use excessive force to intervene to end and/or prevent the use of excessive force and report to their supervisor.
- Incorporates the duty to render first aid into the newly created duty to intervene.
- Prohibits law enforcement agencies from imposing discipline or retaliate in any way against an officer for intervening in good faith or reporting in good faith as required by the bill.
- Requires law enforcement agencies to send notice to the Criminal Justice Training Commission of any disciplinary action from a law enforcement officer’s failure to intervene or failure to report.
- Requires the Criminal Justice Training Commission to develop a written model policy on the duty to intervene by Dec. 1, 2021.
- Requires the Criminal Justice Training Commission to provide duty to intervene training by Dec. 31, 2023 to all officers who completed basic law enforcement training prior to Jan. 31, 2022.
HB 1267 – Office of Independent Investigations – effective July 25, 2021
- Creates the Office of Independent Investigations within the Office of the Governor and designates that office as the lead investigative body for any investigation it chooses to conduct under its jurisdiction.
- Requires all law enforcement agencies to immediately notify the Office of Independent Investigations of any incident.
- Requires the Office of Independent Investigations Advisory Board to determine whether that office should be expanded to conduct investigations of other types of incidents committed by involved officers, such as in-custody deaths and sexual assaults by law enforcement officers
theOrcasonian will be following up with San Juan County Sheriff’s Office regarding any updates to local policies and procedures.
Statement from Whatcom County Sheriff: youtu.be/9pnakNp4Ez4
Statement from Grant County Sheriff: www.ifiberone.com/columbia_basin/opinion-a-letter-to-citizens-from-sheriff-tom-jones-regarding-new-law-enforcement-reform-laws/article_16bcfb02-eb3d-11eb-b5e6-27c3e1413269.html
Response from San Juan County Sheriff Ron Krebs: theorcasonian.com/sheriff-gives-peek-into-how-his-department-community-may-be-impacted-by-new-state-laws/
Good for you, Lin, posting that Sheriff’s message to the public! Thank God someone has some sense. People, Black Lives Mater has been co-oped and weaponized by political forces. Can’t you see that?
“The new law virtually eliminates all police vehicle pursuits. Moving forward, deputies must have “probable cause” to believe a person in the fleeing vehicle has committed a specific violent crime. This is a very high standard and nearly impossible to meet.” -Sheriff Tom Jones.
It takes time to change organizations and particularly so when there are unions involved. These rules are not perfect but they are a step in the right direction. In a generation, maybe we can hope to see more police officers who are in the profession because they want to HELP rather than wanting to push people around to feel like a ‘big man’. I have long proposed that, at the very minimum, 50% of police officers should be women AND that police uniforms, cars, and equipment should all be PINK. Their guns should all be pink (and yes, these are readily available). SWAT teams can have pink urban camo if that makes them feel special. The point is that police work is NOT safe nor effective when it’s done by some insecure overgrown boy who thinks he’s an Army Ranger. PINK IS THE ANSWER!