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Legislature wades into policing issues

Washington state lawmakers took steps this year to start dealing with public distrust that has arisen nationally and locally over police shootings of suspects. The question is how to ensure that police can protect themselves and the public, while also protecting the community from unjustified or discriminatory uses of force.

Under current state law, an officer can’t be held criminally liable for the use of lethal force against a citizen unless prosecutors have evidence of malice.

Neither of two bills awaiting Gov. Jay Inslee’s signature will directly change this. But both create task forces that should lead to healthy discussions and helpful changes on use-of-force law and the deployment of police body cameras.

House Bill 2908, sponsored by Rep. Cindy Ryu, D-Shoreline, sets up a task force that must include prosecutors, defense lawyers, police and representatives of minority associations to address use-of-force issues. Among them is the Black Alliance of Thurston County, which has raised valid concerns about the racial disparity of police-citizen shootings around the state and U.S.

The task force will examine the use of force by police, including data on current practices, and recommend changes in the law.

This bill grew out of May’s shooting of two black men by a white Olympia officer. It was championed by the Black Alliance. The officer was cleared of wrongdoing by a police investigation and an internal department review. The wounded men face assault charges.

A second bill, sponsored by Rep. Drew Hansen, D-Bainbridge Island, deals with police cameras attached to an officer’s uniform in order to film officer-public interactions.

House Bill 2362 requires police departments to have policies for collecting the videos, retaining them and sharing them with the public. It sets up a three-year review period with a task force to suggest changes in 2019.

Videos protected from disclosure include any that are filmed in a home, that contain nudity, sexual or other offensive material, or show minors. Requested videos would be reviewed and sensitive details redacted. Provisions in the final bill let governments destroy recordings after 60 days.

Video requests are limited. Requesters must identify a person involved in a filmed incident, identify a police or a corrections officer involved in the incident, or have an incident number, case number or time, date and location of the incident in question. The compromise was worked out by police, advocates of more police accountability, advocates of privacy and advocates for government transparency.

The law’s special provisions on video disclosures apply to departments with body-cam programs underway by June. That deadline is too soon to help the Olympia Police Department equip its officers with cameras, Police Chief Ronnie Roberts said.

But the city and department have committed to using body cameras. Roberts foresees a yearlong process in 2017 to determine what is right for Olympia.

Clearly, with both pieces of legislation, a lot of work lies ahead.

This story was originally published March 14, 2016 at 5:01 PM with the headline "Legislature wades into policing issues."

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