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2021 Senate Bill 5066: Concerning a peace officer's duty to intervene
Introduced by Sen. Manka Dhingra (Redmond) (D) on January 11, 2021
Referred to the Senate Law & Justice Committee on January 11, 2021
Substitute offered in the Senate on January 21, 2021
Requires a peace officer to intervene when the officer witnesses a fellow peace officer engaging in the use of excessive force.
Referred to the Senate Ways & Means Committee on January 22, 2021
Referred to the Senate Rules Committee on February 12, 2021
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on February 23, 2021
Changes definition of "wrongdoing" to mean either: (1) Knowingly violating clearly established rights of any person while on duty; or (2) conduct constituting a criminal act, whether on or off duty.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Jeff Holy (Cheney) (R) on February 23, 2021
Establishes a work group convened by the Criminal Justice Training Commission to make recommendations regarding when a peace officer must intervene or report wrongdoing observed by another peace officer.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Jeff Holy (Cheney) (R) on February 23, 2021
Clarifies that when the act impairs contractual obligations, the existing collective bargaining agreement prevails until such time as the agreement expires, is renewed, or is amended.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Jim McCune, (R-Graham) (R) on February 23, 2021
Adds good faith standard for reporting and intervening.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on February 23, 2021
Changes the definition of "excessive force" from "exceeding degree of force permitted by law or policy of observing officer's agency" to an objective reasonableness standard.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on February 23, 2021
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Shelly Short (Addy) (R) on February 23, 2021
Delays implementation by 6 months. Gives police groups and CJTC six additional months to create the policy and provides an extra six months for local adoption. Gives commission CJTC six additional months to incorporate model policy into training curriculum. Provides six extra months for existing officers to receive duty to intervene training.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Keith Wagoner (Sedro-Woolley) (R) on February 23, 2021
Requires that the observed officer must be identifiable and on-duty before the observing officer is required to intervene.
The amendment failed by voice vote in the Senate on February 23, 2021
Amendment offered by Sen. Jeff Wilson (Longview) (R) on February 23, 2021
Clarifies the duties to report and intervene apply to Washington peace officers.
The amendment failed by voice vote in the Senate on February 23, 2021
Received in the House on February 25, 2021
Referred to the House Public Safety Committee on February 25, 2021
Referred to the House Appropriations Committee on March 23, 2021
Amendment offered in the House on April 7, 2021
Committee Amendment.(1) Provides that the requirements to intervene to stop the use of excessive force and report wrongdoing apply to general authority peace officers (rather than all peace officers under the Mutual Aid Peace Officer Powers Act). (2) Modifies provisions to refer to the "use of excessive force," instead of "excessive use of force". Defines "excessive force" as force that exceeds the force permitted by law or policy of the witnessing officer's agency (rather than force that exceeds the "degree of" force permitted by law or policy of the witnessing officer's agency). (3) Defines "wrongdoing" as conduct that is contrary to law or contrary to the policies of the witnessing officer's agency, provided that the conduct is not de minimis or technical in nature (rather than conduct that is harmful or contrary to law; or that is a violation of professional standards or ethical rules; and that is not de minimis or a technical violation). Provides that a peace officer must make a report to a supervisor when he or she witnesses wrongdoing committed by another peace officer (rather than when he or she observes wrongdoing committed by another peace officer). Specifies that reports must be made to the witnessing officer's supervisor or employing agency.
The amendment passed by voice vote in the House on April 7, 2021
Received in the Senate on April 20, 2021
Senate concurred in House amendment(s).
Signed by Gov. Jay Inslee on May 18, 2021

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