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2021 House Bill 1310: Concerning permissible uses of force by law enforcement and correctional officers
Introduced by Rep. Jesse Johnson (Federal Way) (D) on January 20, 2021
Referred to the House Public Safety Committee on January 20, 2021
Substitute offered in the House on February 11, 2021
Establishes a civil standard for use of force by peace officers. A peace officer may use physical force against another person when necessary to effect an arrest, prevent an escape, or otherwise protect against an imminent threat of bodily injury to the peace officer or another person A peace officer may use deadly force against another person only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person..
Referred to the House Appropriations Committee on February 15, 2021
Substitute offered in the House on February 19, 2021
Community corrections officers are included in the definition of "peace officer," thereby providing that community corrections officers are subject to the requirements for use of force and reasonable care provided in the underlying bill. The amendment further provides that the Department of Corrections (DOC) is included in the definition of "law enforcement agency," effectively requiring the DOC to adopt policies for use-of-force by community corrections officers consistent with the requirements in the underlying bill.
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 6, 2021
Modifies the standard for use of physical force established in the underlying bill by providing that a peace officer may use deadly force against another person only when necessary to protect against a valid threat of serious physical injury or death (rather than an imminent threat of serious physical injury or death). Removes the definition of "imminent threat" from the underlying bill.
The amendment failed by voice vote in the House on March 6, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 6, 2021
Provides that the restriction against a peace officer using any force tactics prohibited by departmental policy, the reasonable care standard established in the underlying bill, or otherwise by law does not apply when those force tactics are used by a peace officer to protect his or her life or the life of another person.
The amendment passed by voice vote in the House on March 6, 2021
Amendment offered by Rep. Brad Klippert (Benton) (R) on March 6, 2021
Authorizes a peace officer to use physical force against another person when necessary to protect against criminal conduct where there is probable cause to make an arrest, subject to the reasonable care standard and other limitations provided in the underlying bill.
The amendment passed by voice vote in the House on March 6, 2021
Amendment offered by Rep. Gina Mosbrucker (Clark) (R) on March 6, 2021
Provides that the terms "appropriate," "imminent," "minimal," "necessary," and "reasonable" must be interpreted according to an objective standard which considers all the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have determined the action was appropriate, minimal, necessary, or reasonable, or the threat was imminent.
The amendment failed by voice vote in the House on March 6, 2021
Amendment offered by Rep. Gina Mosbrucker (Clark) (R) on March 6, 2021
Modifies the general standard for use of physical force by 9 10 a peace officer in the underlying bill by providing that use of deadly force may be used only when such use is justifiable under current criminal liability standards (rather than only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person).
The amendment failed by voice vote in the House on March 6, 2021
Establishes a civil standard for use of force by peace officers. A peace officer may use physical force against another person when necessary to effect an arrest, prevent an escape, or otherwise protect against an imminent threat of bodily injury to the peace officer or another person. A peace officer may use deadly force against another person only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person.
Received in the Senate on March 9, 2021
Referred to the Senate Law & Justice Committee on March 9, 2021
Referred to the Senate Ways & Means Committee on March 19, 2021
Referred to the Senate Rules Committee on April 2, 2021

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