Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that establishes the office of independent investigations in the governors office to investigate deadly use of force incidents involving police officers.

Highlights:

• Defines "advisory board" as the Office of Independent Investigations advisory board (Sec. 201-1).

• Defines "director" as the director of the Office of Independent Investigations (Sec. 201-3).

• Alleges the legislature finds that there has been an outpouring of frustration, anger, and demand for change from many members of the public over the deaths of people of color resulting from encounters with police. The most recent deaths in the United States and within Washington are a call to lead our state to a new system for investigating deaths and other serious incidents involving law enforcement officers (Sec. 101).

• Establishes the Office of Independent Investigations within the Office of the Governor for the purpose of conducting fair, thorough, transparent, and competent investigations (Sec. 301-1).

• Requires the director to consider the relevant experience and qualifications of the candidate including the extent to which he or she demonstrates experience or understanding of the following areas (Sec. 305-2.a):

• Extensive experience with criminal investigations, including homicide investigations;

• Behavioral health issues;

• Youth cognitive development;

• Trauma-informed interviewing;

• De-escalation techniques and utilization; and

• Knowledge of Washington practices, including laws, policies,and procedures related to criminal law, criminal investigations, and policing.

• Authorizes the director to cause an investigation to be conducted into any incident (Sec. 308-2.a):

• Of a use of deadly force by an involved officer occurring after July 1, 2022, including any incident involving use of deadly force by an involved officer against or upon a person who is in custody or out-of-custody; or

• Involving prior investigations of deadly force by an involved officer if new evidence is brought forth that was not included in the initial investigation.

• Requires the Criminal Justice Training Commission to collaborate with the office to ensure office investigators receive sufficient training to attain the necessary requirements to conduct investigations under the jurisdiction of the office (Sec. 309-1).

• Prohibits action or other proceeding from being instituted against the director, an investigator, or an employee or contractor in the office or a person exercising powers or performing duties at the direction of the director for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty (Sec. 311).

• Specifies if an independent investigation team takes control of the scene at the request of the office, the independent investigation team will relinquish control of the scene and investigation at the request of the office when the office is on the scene or otherwise provides notice that the office is taking control of the scene (Sec. 402-4).

• Requires the advisory board to consider the relevant experience and qualifications of the candidate including the extent to which they demonstrate experience or demonstrated understanding of the following areas (Sec. 501-2.a.ii):

• Criminal investigations;

• Organizational leadership;

• Mental health issues;

• Trauma-informed interviewing;

• Community leadership;

• Legal experience or background;

• Anti Oppression and antiracist analysis and addressing systemic inequities; and

• Working with Black, Indigenous, and communities of color.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the office of independent investigations in the governors office to investigate deadly use of force incidents involving police officers.

Highlights:

• Defines "advisory board" as the Office of Independent Investigations advisory board (Sec. 201-1).

• Defines "director" as the director of the Office of Independent Investigations (Sec. 201-3).

• Alleges the legislature finds that there has been an outpouring of frustration, anger, and demand for change from many members of the public over the deaths of people of color resulting from encounters with police. The most recent deaths in the United States and within Washington are a call to lead our state to a new system for investigating deaths and other serious incidents involving law enforcement officers (Sec. 101).

• Establishes the Office of Independent Investigations within the Office of the Governor for the purpose of conducting fair, thorough, transparent, and competent investigations (Sec. 301-1).

• Requires the director to consider the relevant experience and qualifications of the candidate including the extent to which he or she demonstrates experience or understanding of the following areas (Sec. 305-2.a):

• Extensive experience with criminal investigations, including homicide investigations;

• Behavioral health issues;

• Youth cognitive development;

• Trauma-informed interviewing;

• De-escalation techniques and utilization; and

• Knowledge of Washington practices, including laws, policies,and procedures related to criminal law, criminal investigations, and policing.

• Authorizes the director to cause an investigation to be conducted into any incident (Sec. 308-2.a):

• Of a use of deadly force by an involved officer occurring after July 1, 2022, including any incident involving use of deadly force by an involved officer against or upon a person who is in custody or out-of-custody; or

• Involving prior investigations of deadly force by an involved officer if new evidence is brought forth that was not included in the initial investigation.

• Requires the Criminal Justice Training Commission to collaborate with the office to ensure office investigators receive sufficient training to attain the necessary requirements to conduct investigations under the jurisdiction of the office (Sec. 309-1).

• Prohibits action or other proceeding from being instituted against the director, an investigator, or an employee or contractor in the office or a person exercising powers or performing duties at the direction of the director for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty (Sec. 311).

• Specifies if an independent investigation team takes control of the scene at the request of the office, the independent investigation team will relinquish control of the scene and investigation at the request of the office when the office is on the scene or otherwise provides notice that the office is taking control of the scene (Sec. 402-4).

• Requires the advisory board to consider the relevant experience and qualifications of the candidate including the extent to which they demonstrate experience or demonstrated understanding of the following areas (Sec. 501-2.a.ii):

• Criminal investigations;

• Organizational leadership;

• Mental health issues;

• Trauma-informed interviewing;

• Community leadership;

• Legal experience or background;

• Anti Oppression and antiracist analysis and addressing systemic inequities; and

• Working with Black, Indigenous, and communities of color.

Full Bill Text