NPI's Cascadia Advocate

Offering commentary and analysis from Washington, Oregon, and Idaho, The Cascadia Advocate is the Northwest Progressive Institute's uplifting perspective on world, national, and local politics.

Wednesday, January 30th, 2019

State Senate sends bill to perfect De-Escalate Washington’s I‑940 to Governor Jay Inslee

Leg­is­la­tion to pol­ish and per­fect De-Esca­late Washington’s Ini­tia­tive 940 received its sec­ond resound­ing stamp of approval today in the Wash­ing­ton State Sen­ate. By a vote of forty-sev­en to zero (yes, real­ly), sen­a­tors vot­ed to send SHB 1064 to Gov­er­nor Jay Inslee for his sig­na­ture. It pre­vi­ous­ly received a unan­i­mous vote of sup­port (nine­ty-eight to zero) in the House of Rep­re­sen­ta­tives.

A two-thirds vote was required to approve the bill in each cham­ber because it amends an ini­tia­tive passed by a vote of the people.

Prime spon­sored by State Rep­re­sen­ta­tive Roger Good­man, this bill cleans up pro­vi­sions in I‑940 “relat­ing to train­ing, the crim­i­nal lia­bil­i­ty stan­dard for use of dead­ly force, inde­pen­dent inves­ti­ga­tions of dead­ly force inci­dents, and ren­der­ing of first aid.” A sim­i­lar bill was passed last year dur­ing the short ses­sion, but the Supreme Court inval­i­dat­ed it after Tim Eyman filed a legal chal­lenge.

We don’t often see unan­i­mous roll calls on major bills. It is tru­ly remark­able that both the House and Sen­ate passed this leg­is­la­tion with­out a sin­gle dis­sent­ing vote.

Roll Call
HB 1064
Law enforcement
3rd Read­ing & Final Passage

Yeas: 47; Excused: 1

Vot­ing Yea: Sen­a­tors Bai­ley, Beck­er, Bil­lig, Braun, Brown, Car­lyle, Cleve­land, Con­way, Darneille, Das, Dhin­gra, Erick­sen, For­tu­na­to, Frockt, Hasegawa, Hawkins, Hobbs, Holy, Hon­ey­ford, Hunt, Keis­er, King, Kud­er­er, Liias, McCoy, Mul­let, Nguyen, O’Ban, Pad­den, Palum­bo, Ped­er­sen, Ran­dall, Rivers, Rolfes, Sal­daña, Salomon, Schoesler, Shel­don, Short, Takko, Van De Wege, Wag­oner, Walsh, War­nick, Well­man, Wil­son (Claire), Zeiger

Excused: Sen­a­tor Wil­son (Lyn­da)

Togeth­er, I‑940 and Goodman’s SHB 1064 accom­plish the fol­low­ing, accord­ing to a sum­ma­ry pre­pared by the House Demo­c­ra­t­ic caucus:

  • Require annu­al train­ing for law enforce­ment, includ­ing train­ing on implic­it bias, de-esca­la­tion tac­tics, men­tal health, and less lethal alternatives;
  • Estab­lish that law enforce­ment offi­cers have a solemn duty to pre­serve life, includ­ing pro­vid­ing or sum­mon­ing first aid at the ear­li­est safe opportunity;
  • Insti­tute process­es for inde­pen­dent inves­ti­ga­tions of dead­ly force incidents;
  • Estab­lish stan­dards for fam­i­ly and com­mu­ni­ty noti­fi­ca­tion, includ­ing a require­ment to noti­fy tribes if an officer’s use of force results in the death of a trib­al mem­ber; and
  • Remove the require­ment that police “mal­ice” be proven in order to bring crim­i­nal charges and replace it with an objec­tive “good faith” or rea­son­able police offi­cer stan­dard by which pros­e­cu­tors can more fair­ly eval­u­ate dead­ly force incidents.

SHB 1064 enjoyed the sup­port of both the De-Esca­late Wash­ing­ton coali­tion and rep­re­sen­ta­tives of orga­ni­za­tions that rep­re­sent law enforcement.

NPI con­grat­u­lates the Leg­is­la­ture on pas­sage of SHB 1064. This is the first bill to clear the House and Sen­ate this ses­sion and head to the Gov­er­nor’s desk.

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