The bill establishes an Office of Independent Prosecutions within the Washington State Attorney General's office, specifically tasked with investigating and prosecuting police use of force incidents. It amends existing laws to grant the Attorney General concurrent authority with county prosecuting attorneys in these matters, particularly those resulting in death from the use of deadly force by officers. The legislation introduces provisions detailing the structure and responsibilities of the new office, including the appointment of an independent counsel with final decision-making authority over prosecutions and hiring. Additionally, an advisory board is created to ensure community representation and oversight, emphasizing transparency and independence to mitigate potential conflicts of interest between law enforcement and local prosecutors.

The bill also addresses confidentiality regarding case records from the Office of Independent Prosecutions, stipulating that these records remain confidential until certain legal outcomes occur, such as a decision to decline charges or a "not guilty" verdict. It mandates that if a prosecuting attorney opts not to file charges in a use of force case, they must refer the case to the independent prosecutions office within 30 days. Furthermore, the bill outlines liability protections for independent counsel and their staff, ensuring they cannot be sued for actions taken in good faith while performing their duties. Overall, the legislation aims to enhance public confidence in the justice system's handling of sensitive cases involving law enforcement actions through increased transparency and accountability.

Statutes affected:
Original Bill: 43.10.232, 43.10.234, 36.27.030, 36.27.040, 9A.16.010
Substitute Bill: 43.10.230, 43.10.232, 43.10.234, 43.102.010, 36.27.030, 41.80.400, 10.114.011
Second Substitute: 43.10.230, 43.10.232, 43.10.234, 43.102.010, 36.27.030, 41.80.400, 10.114.011
Third Substitute: 43.10.230, 43.10.232, 43.10.234, 36.27.020, 36.27.030, 43.102.080, 41.80.400