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2021 House Bill 1267: Concerning investigation of potential criminal conduct arising from police use of force, including custodial injuries, and other officer-involved incidents
Introduced by Rep. Debra Entenman (Kent) (D) on January 18, 2021
Referred to the House Public Safety Committee on January 18, 2021
Substitute offered in the House on February 4, 2021
Establishes the Office of Independent Investigations within the Office of the Governor for the purpose of investigating deadly force incidents involving peace officers.
Referred to the House Appropriations Committee on February 9, 2021
Amendment offered by Rep. Debra Entenman (Kent) (D) on March 3, 2021
Modifies the provisions pertaining to the jurisdiction of the Office of the Independent Investigations (OII) by providing that the OII's authority to investigate deadly force cases applies to any incident involving deadly force by an involved officer against or upon a person who is in-custody or out-of-custody. Provides that "in-custody" refers to a person who is under the physical control of a general authority Washington law enforcement agency, a limited authority Washington law enforcement agency, or a city, county, or regional adult or juvenile institution, correctional, jail, holding, or detention facility. Provides that the OII's system and requirements for involved agencies to send notifications to the OII must include direction to agencies as to what incidents of force and injuries and other circumstances must be reported to the OII, including the timing of such reports, provided that any incident involving substantial bodily harm, great bodily harm, or death is reported to the OII immediately. Modifies the requirement for the OII Advisory Board to conduct an assessment as to whether the jurisdiction of the OII should be expanded by requiring the OII to assess whether this expansion should include other types of in-custody deaths not involving use of force but otherwise involving criminal acts committed by involved officers (rather than in-custody deaths involving criminal acts committed by involved officers generally).
The amendment passed by voice vote in the House on March 3, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 3, 2021
Strikes all provisions in the underlying bill establishing the Office of Independent Investigations and related requirements. Instead, provides the following: (1) Establishes legislative findings. (2) Establishes the Washington Deadly Force Investigations Agency (WDFIA) as a department of state government. Provides that the WDFIA is a limited law enforcement agency with the sole function of conducting completely independent investigations of any use of deadly force by a peace officer resulting in death, substantial bodily harm, or great bodily harm. (3) Provides that the WDFIA is governed by a board of 15 voting members and one nonvoting member representing specified entities or interests and who are appointed by the Governor or serve in an ex officio capacity. Provides requirements and procedures for appointments, terms, vacancies, compensation, meeting operations, and election of a chair and vice chair.
The amendment failed by voice vote in the House on March 3, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 3, 2021
Requires personnel involved in investigations conducted by the Office of Independent Investigations to receive training on the use of a racial equality lens in conducting their work, rather than the use of a racial equity lens in conducting their work.
The amendment failed by voice vote in the House on March 3, 2021
Received in the Senate on March 6, 2021
Referred to the Senate Law & Justice Committee on March 6, 2021
Referred to the Senate Ways & Means Committee on March 19, 2021
Referred to the Senate Rules Committee on April 2, 2021
Received in the House on April 14, 2021
Signed by Gov. Jay Inslee on May 18, 2021

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