Washington state House passes three policing-related bills Wednesday

The Washington state House of Representatives passed three bills related to policing Wednesday afternoon, chipping away at one of the Legislature’s priority areas this session.

All three bills now head to the state Senate for further consideration.

“The bills that we passed of the House floor today are an important prelude to the more substantive measures that are on their way to the House floor,” Rep. Roger Goodman, who chairs the House Public Safety Committee, said Wednesday evening.

“But these bills are important, nevertheless, to make sure that we track officer misconduct that could make them less credible as witnesses in trial, and also ensure that independent investigations of deadly force incidents are done properly. And to ensure proper professional development opportunities for law enforcement.”

House Bill 1088, which passed in a 61-37 vote, is related to “potential impeachment disclosures,” which prime sponsor Rep. John Lovick has pointed out is not related to removing elected officials from office. Lovick, a Mill Creek Democrat, served as a State Trooper for 31 years.

“Impeaching an officer refers to the official determination that an officer engaged in misconduct affecting his or her credibility as a witness,” Lovick said. “It’s ... whether you can rely on them to tell the truth.”

Under U.S. Supreme Court case Brady v. Maryland and subsequent case law, prosecutors have to turn over any evidence that’s favorable to defendants and material to their guilt or punishment, according to a nonpartisan bill analysis. That includes evidence “impeaching the credibility of a government witness” such as a police officer.

The bill requires the Washington Association of Prosecuting Attorneys to update its model policy that addresses potential impeachment disclosures — and it includes requirements for the kind of guidance that should be included. The association is also required under the bill to create online training for those disclosures.

The bill also requires law enforcement agencies to tell prosecuting attorneys within 10 days if they find that an officer did something that could clear a defendant or could affect the officer’s credibility. And law enforcement agencies would be required to ask about and verify an officer’s past impeachment disclosures before hiring them.

Amendments offered by Republican Reps. Greg Gilday and Brad Klippert would’ve changed the timeframe when agencies would have to report officers’ conduct to prosecutors. Both were rejected.

House Bill 1089, which passed 80-18, authorizes the State Auditor to audit deadly force investigations to find out whether rules and procedures were followed, according to a bill analysis.

“These are new processes we put in place recently, and we want to make sure they’re working and we’re following the process and the procedures of the investigation,” sponsor Rep. Bill Ramos, D-Issaquah, said Wednesday.

If the Criminal Justice Training Commission requests it, the auditor could also audit an agency to make sure it’s in compliance with rules and procedures related to the training and certification of its officers.

The third bill, House Bill 1001, passed unanimously. It directs the Criminal Justice Training Commission to create a grant program with a goal to encourage more diverse candidates to pursue law enforcement careers.

Law enforcement agencies would compete for the grants with proposals that have to include plans for attracting people from underrepresented groups and communities, according to a bill analysis.

Rep. Jacquelin Maycumber, R-Republic, sponsored that bill.

“I bring this bill before you today to look towards what the future could be for law enforcement in Washington state and how we build it from the ground up,” Maycumber said on the floor Wednesday. “This is about the children who want to see themselves with the badge on and to be peace officers of their community.

“This bill before you today is about the future of law enforcement, and really building the community policing model, not the reactionary model that we are currently in.”

This story was originally published February 10, 2021 at 7:39 PM with the headline "Washington state House passes three policing-related bills Wednesday."