Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to pass a bill that prohibits chokeholds, no-knock warrants, and other police tactics deemed to be problematic.

Highlights:

• Prohibits a peace officer from using a chokehold or neck restraint on another individual in the course of their duties as a peace officer (Sec. 2).

• Defines “peace officer” to include law enforcement personnel and correctional personnel commissioned by a law enforcement agency (Sec. 1).

• Defines “law enforcement agency” as any general authority Washington law enforcement agency, the state liquor and cannabis board, the state department of corrections, or any state or local agency providing or otherwise responsible for the custody, safety, and security of adults or juveniles incarcerated in correctional, jail, or detention facilities (Sec. 1).

• Defines “chokehold” as any tactic in which direct pressure is applied to an individual’s trachea or windpipe, or any other tactics intended to restrict another individual’s airway (Sec. 2).

• Defines “neck restraint” as any vascular neck restraint or similar restraint, hold, or other tactic in which pressure is applied to the neck to constrict blood flow (Sec. 2).

• Prohibits a peace officer from using an unleashed police dog to arrest or apprehend another individual (Sec. 3).

• Prohibits a law enforcement agency from purchasing, acquiring, using, or authorizing the use of tear gas for any purpose (Sec. 4).

• Defines “tear gas” as chloroacetophenone (CN), O-chlorobenzylidene malononitrile (CS), and any other similar chemical irritant dispersed in the air to produce temporary physical discomfort or permanent injury (Sec. 4).

• Specifies that “tear gas” shall not include oleoresin capsicum (OC) in its definition (Sec. 4).

• Prohibits a law enforcement agency from acquiring or using military equipment and specifies that any law enforcement agency with military equipment as of the effective date of this act shall return the equipment to the federal agency from which it was acquired by December 31, 2022 (Sec. 5).

• Defines “military equipment” as the following, including (Sec. 5):

• Firearms and ammunition .50 caliber or greater, machine guns, or silencers;

• Armored vehicles, armed or armored helicopters, armed or armored drones, armed vessels, armed vehicles, armed aircraft, or armed tanks;

• Mine resistant ambush-protected vehicles, long-range acoustic hailing devices;

• Rockets, rocket launchers, bayonets, grenades, or grenade launchers; and

• Missiles, directed energy systems, and electromagnetic spectrum weapons.

• Prohibits a uniformed peace officer from intentionally covering, concealing, or obscuring the number or other identifying information on their badge while on duty (Sec. 6).

• Prohibits an officer from seeking, or a court from issuing a search or arrest warrant granting an express exception to the requirement for the officer to provide notice of their official purpose when executing the warrant (Sec. 7).

• Requires that by January 1, 2026, the commission shall provide training to every full-time law enforcement officer employed in the state (Sec. 8).

• Prohibits an officer from engaging in a vehicular pursuit unless the following occurs, including (Sec. 9):

• There is probable cause that the individual in the vehicle has committed or is committing a violent offense or sex offense;

• The pursuit is necessary for identifying or apprehending an individual;

• Under the circumstances, the safety risks of failing to apprehend or identify the individual are considered greater than the safety risks associated with the pursuit; or

• The officer has received authorization to engage in the pursuit.

• Prohibits an officer from firing a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operators or a passenger’s use of a deadly weapon, not including the vehicle (Sec. 9).

• Requires the commission to develop and maintain a central repository for the collection of information regarding vehicular pursuits and publish a report by December 1, of each year (Sec. 10).

Full Bill Text