S-3326.1
SENATE BILL 5569
State of Washington 67th Legislature 2022 Regular Session
By Senators Padden, Honeyford, Van De Wege, Wagoner, and L. Wilson
Prefiled 12/20/21. Read first time 01/10/22. Referred to Committee
on Law & Justice.
1 AN ACT Relating to improving public safety; amending RCW
2 10.116.020, 10.116.030, 10.116.040, 10.116.060, 10.120.010,
3 10.120.020, 43.101.080, 43.43.837, 43.101.105, and 10.93.190;
4 reenacting and amending RCW 43.101.010; creating a new section; and
5 declaring an emergency.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 10.116.020 and 2021 c 320 s 2 are each amended to
8 read as follows:
9 (1) A peace officer may not use a chokehold or neck restraint on
10 another person in the course of his or her duties as a peace officer,
11 except to protect his or her life or the life of another person.
12 (2) Any policies pertaining to the use of force adopted by law
13 enforcement agencies must be consistent with this section.
14 (3) For the purposes of this section:
15 (a) "Chokehold" means the intentional application of direct
16 pressure to a person's trachea or windpipe for the purpose of
17 restricting another person's airway.
18 (b) "Neck restraint" refers to any vascular neck restraint or
19 similar restraint, hold, or other tactic in which pressure is applied
20 to the neck for the purpose of constricting blood flow.
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 1 Sec. 2. RCW 10.116.030 and 2021 c 320 s 4 are each amended to
2 read as follows:
3 (1) A law enforcement agency may not use or authorize its peace
4 officers or other employees to use tear gas unless necessary to
5 alleviate a present risk of serious harm posed by a: (a) Riot; (b)
6 barricaded subject; or (c) hostage situation.
7 (2) Prior to using tear gas as authorized under subsection (1) of
8 this section, the officer or employee shall:
9 (a) Exhaust alternatives to the use of tear gas that are
10 available and appropriate under the circumstances;
11 (b) Obtain authorization to use tear gas from a supervising
12 officer, who must determine whether the present circumstances warrant
13 the use of tear gas and whether available and appropriate
14 alternatives have been exhausted as provided under this section;
15 (c) Announce to the subject or subjects the intent to use tear
16 gas; and
17 (d) Allow sufficient time and space for the subject or subjects
18 to comply with the officer's or employee's directives.
19 (3) ((In the case of a riot outside of a correctional, jail, or
20 detention facility, the officer or employee may use tear gas only
21 after: (a) Receiving authorization from the highest elected official
22 of the jurisdiction in which the tear gas is to be used, and (b)
23 meeting the requirements of subsection (2) of this section.
24 (4))) For the purposes of this section:
25 (a) "Barricaded subject" means an individual who is the focus of
26 a law enforcement intervention effort, has taken a position in a
27 physical location that does not allow immediate law enforcement
28 access, and is refusing law enforcement orders to exit.
29 (b) (("Highest elected official" means the county executive in
30 those charter counties with an elective office of county executive,
31 however designated, and in the case of other counties, the chair of
32 the county legislative authority. In the case of cities and towns, it
33 means the mayor, regardless of whether the mayor is directly elected,
34 selected by the council or legislative body pursuant to RCW 35.18.190
35 or 35A.13.030, or selected according to a process in an established
36 city charter. In the case of actions by the Washington state patrol,
37 it means the governor.
38 (c))) "Hostage situation" means a scenario in which a person is
39 being held against his or her will by an armed, potentially armed, or
40 otherwise dangerous suspect.
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1 (((d))) (c) "Tear gas" means chloroacetophenone (CN), O-
2 chlorobenzylidene malononitrile (CS), and any similar chemical
3 irritant dispersed in the air for the purpose of producing temporary
4 physical discomfort or permanent injury, except "tear gas" does not
5 include oleoresin capsicum (OC).
6 Sec. 3. RCW 10.116.040 and 2021 c 320 s 5 are each amended to
7 read as follows:
8 (1) A law enforcement agency may not acquire or use any
9 ((military)) prohibited equipment. Any law enforcement agency in
10 possession of ((military)) prohibited equipment as of July 25, 2021,
11 shall return ((the equipment to the federal agency from which it was
12 acquired, if applicable, or)), destroy, or otherwise dispose of the
13 equipment by December 31, 2022.
14 (2)(((a) Each law enforcement agency shall compile an inventory
15 of military equipment possessed by the agency, including the proposed
16 use of the equipment, estimated number of times the equipment has
17 been used in the prior year, and whether such use is necessary for
18 the operation and safety of the agency or some other public safety
19 purpose. The agency shall provide the inventory to the Washington
20 association of sheriffs and police chiefs no later than November 1,
21 2021.
22 (b) The Washington association of sheriffs and police chiefs
23 shall summarize the inventory information from each law enforcement
24 agency and provide a report to the governor and the appropriate
25 committees of the legislature no later than December 31, 2021.
26 (3))) For the purposes of this section:
27 (a) (("Military equipment" means firearms and ammunition of .50
28 caliber or greater, machine guns, armed helicopters, armed or armored
29 drones, armed vessels, armed vehicles, armed aircraft, tanks, long
30 range acoustic hailing devices, rockets, rocket launchers, bayonets,
31 grenades, missiles, directed energy systems, and electromagnetic
32 spectrum weapons.
33 (b))) "Grenade" refers to any explosive grenade designed to
34 injure or kill subjects, such as a fragmentation grenade or antitank
35 grenade, or any incendiary grenade designed to produce intense heat
36 or fire. "Grenade" does not include other nonexplosive grenades
37 designed to temporarily incapacitate or disorient subjects without
38 causing permanent injury, such as a stun grenade, sting grenade,
39 smoke grenade, tear gas grenade, or blast ball.
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 1 (b) "Machine gun" has the same meaning as defined in RCW
2 9.41.010. A firearm that was previously a "machine gun" that has
3 since been permanently modified to no longer meet the capabilities of
4 a "machine gun" as defined in RCW 9.41.010 shall not be considered a
5 "machine gun."
6 (c) "Prohibited equipment" means rifles of .50 caliber or
7 greater, machine guns, armed helicopters, armed or armored drones,
8 armed vessels, armed vehicles, armed aircraft, tanks, long range
9 acoustic hailing devices, rockets, rocket launchers, bayonets,
10 grenades, missiles, directed energy systems, and electromagnetic
11 spectrum weapons.
12 (d) "Rifle" has the same meaning as provided under RCW 9.41.010,
13 except "rifle" does not refer to any device designed or used to
14 deploy less lethal equipment.
15 (4) This section does not prohibit a law enforcement agency from
16 participating in a federal military equipment surplus program,
17 provided that any equipment acquired through the program does not
18 constitute ((military)) prohibited equipment. This may include, for
19 example: Medical supplies; hospital and health care equipment; office
20 supplies, furniture, and equipment; school supplies; warehousing
21 equipment; unarmed vehicles and vessels; conducted energy weapons;
22 public address systems; scientific equipment; and protective gear and
23 weather gear.
24 Sec. 4. RCW 10.116.060 and 2021 c 320 s 7 are each amended to
25 read as follows:
26 (1) A peace officer may not ((engage in)) conduct a vehicular
27 pursuit, unless:
28 (a)(((i))) There is ((probable cause)) reasonable suspicion to
29 believe that a person in the vehicle has committed or is committing a
30 violent offense or sex offense as defined in RCW 9.94A.030, ((or)) an
31 escape under chapter 9A.76 RCW((; or
32 (ii) There is reasonable suspicion a person in the vehicle has
33 committed or is committing)), a driving under the influence offense
34 under RCW 46.61.502, a crime against persons offense pursuant to RCW
35 9.94A.411, or another criminal offense where the public safety risks
36 of failing to apprehend or identify the person are considered to be
37 greater than the safety risks of the vehicular pursuit under the
38 circumstances;
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 1 (b) The pursuit is necessary for the purpose of identifying or
2 apprehending the person;
3 (c) The person poses ((an imminent threat to the)) a public
4 safety ((of others)) risk and the safety risks of failing to
5 apprehend or identify the person are considered to be greater than
6 the safety risks of the vehicular pursuit under the circumstances;
7 and
8 (d)(((i) Except as provided in (d)(ii) of this subsection, the))
9 The officer ((has received)) receives authorization to ((engage in))
10 continue the pursuit from a supervising officer and there is
11 supervisory control of the pursuit. The officer in consultation with
12 the supervising officer must consider alternatives to the vehicular
13 pursuit. The supervisor must consider the justification for the
14 vehicular pursuit and other safety considerations, including but not
15 limited to speed, weather, traffic, road conditions, and the known
16 presence of minors in the vehicle, and the vehicular pursuit must be
17 terminated if any of the requirements of this subsection are not
18 met((;
19 (ii) For those jurisdictions with fewer than 10 commissioned
20 officers, if)). If a supervisor is not on duty at the time, the
21 officer will request the on-call supervisor be notified of the
22 pursuit according to the agency's procedures. The officer must
23 consider alternatives to the vehicular pursuit, the justification for
24 the vehicular pursuit, and other safety considerations, including but
25 not limited to speed, weather, traffic, road conditions, and the
26 known presence of minors in the vehicle. The officer must terminate
27 the vehicular pursuit if any of the requirements of this subsection
28 are not met.
29 (2) A pursuing officer shall comply with any agency procedures
30 for designating the primary pursuit vehicle and determining the
31 appropriate number of vehicles permitted to participate in the
32 vehicular pursuit and comply with any agency procedures for
33 coordinating operations with other jurisdictions, including available
34 tribal police departments when applicable.
35 (3) A peace officer may not fire a weapon upon a moving vehicle
36 unless necessary to protect against an imminent threat of serious
37 physical harm resulting from the operator's or a passenger's use of a
38 deadly weapon. For the purposes of this subsection, a vehicle is not
39 considered a deadly weapon unless the operator is using the vehicle
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 1 as a deadly weapon and no other reasonable means to avoid potential
2 serious harm are immediately available to the officer.
3 (4) For purposes of this section, "vehicular pursuit" means an
4 attempt by a uniformed peace officer in a vehicle equipped with
5 emergency lights and a siren to stop a moving vehicle where the
6 operator of the moving vehicle appears to be aware that the officer
7 is signaling the operator to stop the vehicle and the operator of the
8 moving vehicle appears to be willfully resisting or ignoring the
9 officer's attempt to stop the vehicle by increasing vehicle speed,
10 making evasive maneuvers, or operating the vehicle in a reckless
11 manner that endangers the safety of the community or the officer.
12 Sec. 5. RCW 10.120.010 and 2021 c 324 s 2 are each amended to
13 read as follows:
14 The definitions in this section apply throughout this chapter
15 unless the context clearly requires otherwise.
16 (1) "Feasible," "appropriate," "necessary," "possible,"
17 "proportional," "reasonable," "available," and "imminent" must be
18 interpreted according to an objective standard which considers all
19 the facts, circumstances, and information known to the officer at the
20 time to determine whether a similarly situated reasonable officer
21 would have determined the action was feasible, appropriate,
22 necessary, possible, proportional, reasonable, available, or
23 imminent.
24 (2) "Law enforcement agency" includes any "general authority
25 Washington law enforcement agency" and any "limited authority
26 Washington law enforcement agency" as those terms are defined in RCW
27 10.93.020.
28 (((2))) (3) "Less lethal alternatives" include, but are not
29 limited to, verbal warnings, de-escalation tactics, conducted energy
30 weapons, devices that deploy oleoresin capsicum, batons, and beanbag
31 rounds.
32 (((3))) (4) "Necessary" means that, under the totality of the
33 circumstances, a reasonably effective alternative to the use of force
34 does not appear to exist, and that the amount of force used was a
35 reasonable and proportional response to effect the legal purpose
36 intended or to protect against the threat posed to the officer or
37 others.
38 (5) "Peace officer" includes any "general authority Washington
39 peace officer," "limited authority Washington peace officer," and
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 1 "specially commissioned Washington peace officer" as those terms are
2 defined in RCW 10.93.020; however, "peace officer" does not include
3 any corrections officer or other employee of a jail, correctional, or
4 detention facility, but does include any community corrections
5 officer.
6 (6) "Physical force" means any technique or tactic used by a
7 peace officer pursuant to enforcing the criminal laws of this state
8 that is reasonably likely to cause physical injury or transient pain.
9 (7) "Totality of the circumstances" means all facts known to the
10 peace officer leading up to, and at the time of, the use of force,
11 and includes the actions of the person against whom the peace officer
12 uses such force and the actions of the peace officer.
13 Sec. 6. RCW 10.120.020 and 2021 c 324 s 3 are each amended to
14 read as follows:
15 (1)(a) Except as otherwise provided under this section, a peace
16 officer may use physical force against a person when necessary to:
17 (i) Protect against criminal conduct where there is probable
18 cause to make an arrest; ((effect))
19 (ii) Effect an arrest; ((prevent an escape as defined under
20 chapter 9A.76 RCW))
21 (iii) Prevent a person from fleeing a lawful detention by a peace
22 officer;
23 (iv) Carry out any warrant or other court order authorizing or
24 directing a peace officer to take a person into custody;
25 (v) Ensure the safety of a peace officer or others when
26 encountering a person reasonably suspected of possessing firearms or
27 other dangerous weapons, or when conducting a search or other lawful
28 activity that reasonably creates a high risk of danger to the officer
29 or another person; or ((protect))
30 (vi) Protect against an imminent threat of bodily injury to the
31 peace officer, another person, or the person against whom force is
32 being used.
33 (b) A peace officer may use deadly force against another person
34 only when necessary to protect against an imminent threat of serious
35 physical injury or death to the officer or another person. For
36 purposes of this subsection (1)(b)((:
37 (i) "Imminent)), "imminent threat of serious physical injury or
38 death" means that, based on the totality of the circumstances, it is
39 objectively reasonable to believe that a person has the present and
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 1 apparent ability((,)) and opportunity((, and intent)) to
2 ((immediately)) imminently cause death or serious bodily injury to
3 the peace officer or another person.
4 (((ii) "Necessary" means that, under the totality of the
5 circumstances, a reasonably effective alternative to the use of
6 deadly force does not exist, and that the amount of force used was a
7 reasonable and proportional response to the threat posed to the
8 officer and others.
9 (iii) "Totality of the circumstances" means all facts known to
10 the peace officer leading up to and at the time of the use of force,
11 and includes the actions of the person against whom the peace officer
12 uses such force, and the actions of the peace officer.))
13 (2) A peace officer shall use reasonable care when determining
14 whether to use physical force and when using any physical force
15 against another person. To that end, a peace officer shall:
16 (a) When ((possible)) safe and feasible, ((exhaust)) employ
17 available and appropriate de-escalation tactics prior to using any
18 physical force, such as: Creating physical distance by employing
19 tactical repositioning and repositioning a