Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
            ENGROSSED SECOND SUBSTITUTE SENATE BILL 5051
                       Chapter 323, Laws of 2021
                               67th Legislature
                             2021 Regular Session
   PEACE OFFICERS AND CORRECTIONS OFFICERS—STATE OVERSIGHT AND
                          ACCOUNTABILITY
                     EFFECTIVE DATE: July 25, 2021
Passed by the Senate April 21, 2021                 CERTIFICATE
  Yeas 27 Nays 22
                                       I, Brad Hendrickson, Secretary of
                                       the   Senate   of  the   State  of
              DENNY HECK               Washington, do hereby certify that
President of the Senate                the attached is ENGROSSED SECOND
                                       SUBSTITUTE SENATE BILL 5051     as
                                       passed by the Senate and the House
                                       of Representatives on the dates
Passed by the House April 7, 2021      hereon set forth.
  Yeas 54 Nays 43
                                                BRAD HENDRICKSON
            LAURIE JINKINS
                                                                   Secretary
Speaker of the House of
Representatives
Approved May 18, 2021 11:48 AM                         FILED
                                                    May 18, 2021
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5051
                            AS AMENDED BY THE HOUSE
                   Passed Legislature - 2021 Regular Session
     State of Washington         67th Legislature     2021 Regular Session
     By Senate Ways & Means (originally sponsored by Senators Pedersen,
     Dhingra, Darneille, Hunt, Kuderer, Liias, Lovelett, Mullet, Nguyen,
     Salomon, Stanford, Wellman, and Wilson, C.)
     READ FIRST TIME 02/17/21.
     AN ACT Relating to state oversight and accountability of peace
 officers   and   corrections  officers;   amending   RCW  43.101.010,
 43.101.020,    43.101.030,   43.101.040,    43.101.060,   43.101.080,
 43.101.085,    43.101.095,   43.101.105,    43.101.115,   43.101.135,
 43.101.145,    43.101.155,   43.101.157,    43.101.230,   43.101.390,
 43.101.420, 34.12.035, 40.14.070, 43.101.380, 43.101.400, 41.56.905,
 49.44.200, 41.06.040, and 43.101.200; adding a new section to chapter
 43.101 RCW; adding a new section to chapter 41.06 RCW; adding a new
 section to chapter 10.93 RCW; creating new sections; repealing RCW
 43.101.096,    43.101.106,   43.101.116,    43.101.136,   43.101.146,
 43.101.156, and 43.101.180; and prescribing penalties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 43.101.010 and 2020 c 119 s 2 are each amended to
 read as follows:
     When used in this chapter:
     (1) ((The term "commission")) "Applicant" means an individual who
 has received a conditional offer of employment with a law enforcement
 or corrections agency.
     (2) "Commission" means the Washington state criminal justice
 training commission.
                                       p. 1                    E2SSB 5051.SL
     (((2) The term "boards" means the education and training
 standards boards, the establishment of which are authorized by this
 chapter.))
     (3) ((The term "criminal)) "Criminal justice personnel" means any
 person who serves ((in a county, city, state, or port commission
 agency engaged in crime prevention, crime reduction, or enforcement
 of the criminal law)) as a peace officer, reserve officer, or
 corrections officer.
     (4) ((The term "law)) "Law enforcement personnel" means any
 ((public employee or volunteer having as a primary function the
 enforcement of criminal laws in general or any employee or volunteer
 of, or any individual commissioned by, any municipal, county, state,
 or combination thereof, agency having as its primary function the
 enforcement of criminal laws in general as distinguished from an
 agency possessing peace officer powers, the primary function of which
 is the implementation of specialized subject matter areas. For the
 purposes of this subsection "primary function" means that function to
 which the greater allocation of resources is made)) person elected,
 appointed, or employed as a general authority Washington peace
 officer as defined in RCW 10.93.020.
     (5) ((The term "correctional)) "Correctional personnel" means any
 employee or volunteer who by state, county, municipal, or combination
 thereof, statute has the responsibility for the confinement, care,
 management,   training,   treatment,   education,   supervision,   or
 counseling of those individuals whose civil rights have been limited
 in some way by legal sanction.
     (6) "Chief for a day program" means a program in which
 commissioners and staff partner with local, state, and federal law
 enforcement agencies, hospitals, and the community to provide a day
 of special attention to chronically ill children. Each child is
 selected and sponsored by a law enforcement agency. The event, "chief
 for a day," occurs on one day, annually or every other year and may
 occur on the grounds and in the facilities of the commission. The
 program may include any appropriate honoring of the child as a
 "chief," such as a certificate swearing them in as a chief, a badge,
 a uniform, and donated gifts such as games, puzzles, and art
 supplies.
     (7) ((A peace officer or corrections officer is "convicted"))
 "Convicted" means at the time a plea of guilty , nolo contendere, or
 deferred sentence has been accepted, or a verdict of guilty or
                                     p. 2                    E2SSB 5051.SL
 finding of guilt has been filed, notwithstanding the pendency of any
 future proceedings, including but not limited to sentencing,
 posttrial or postfact-finding motions and appeals. "Conviction"
 includes ((a deferral of sentence)) all instances in which a plea of
 guilty or nolo contendere is the basis for conviction, all
 proceedings in which there is a case disposition agreement, and
 ((also includes the)) any equivalent disposition by a court in a
 jurisdiction other than the state of Washington.
     (8)(((a) "Discharged for disqualifying misconduct" has the
 following meanings:
     (i) A peace officer terminated from employment for: (A)
 Conviction of (I) any crime committed under color of authority as a
 peace officer, (II) any crime involving dishonesty or false statement
 within the meaning of Evidence Rule 609(a), (III) the unlawful use or
 possession of a controlled substance, or (IV) any other crime the
 conviction of which disqualifies a Washington citizen from the legal
 right to possess a firearm under state or federal law; (B) conduct
 that would constitute any of the crimes addressed in (a)(i)(A) of
 this subsection; or (C) knowingly making materially false statements
 during disciplinary investigations, where the false statements are
 the sole basis for the termination; or
     (ii) A corrections officer terminated from employment for: (A)
 Conviction of (I) any crime committed under color of authority as a
 corrections officer, (II) any crime involving dishonesty or false
 statement within the meaning of Evidence Rule 609(a), or (III) the
 unlawful use or possession of a controlled substance; (B) conduct
 that would constitute any of the crimes addressed in (a)(ii)(A) of
 this subsection; or (C) knowingly making materially false statements
 during disciplinary investigations, where the false statements are
 the sole basis for the termination.
     (b) A peace officer or corrections officer is "discharged for
 disqualifying misconduct" within the meaning of this subsection (8)
 under the ordinary meaning of the term and when the totality of the
 circumstances support a finding that the officer resigned in
 anticipation of discipline, whether or not the misconduct was
 discovered at the time of resignation, and when such discipline, if
 carried forward, would more likely than not have led to discharge for
 disqualifying misconduct within the meaning of this subsection (8).
     (9) When used in context of proceedings referred to in this
 chapter, "final" means that the peace officer or corrections officer
                                     p. 3                    E2SSB 5051.SL
 has exhausted all available civil service appeals, collective
 bargaining remedies, and all other such direct administrative
 appeals, and the officer has not been reinstated as the result of the
 action. Finality is not affected by the pendency or availability of
 state or federal administrative or court actions for discrimination,
 or by the pendency or availability of any remedies other than direct
 civil service and collective bargaining remedies.
     (10))) "Peace officer" ((means any law enforcement personnel
 subject to the basic law enforcement training requirement of RCW
 43.101.200   and    any   other   requirements    of  that   section,
 notwithstanding any waiver or exemption granted by the commission,
 and notwithstanding the statutory exemption based on date of initial
 hire under RCW 43.101.200)) has the same meaning as a general
 authority Washington peace officer as defined in RCW 10.93.020.
 Commissioned officers of the Washington state patrol, whether they
 have been or may be exempted by rule of the commission from the basic
 training requirement of RCW 43.101.200, are included as peace
 officers for purposes of this chapter. Fish and wildlife officers
 with enforcement powers for all criminal laws under RCW 77.15.075 are
 peace officers for purposes of this chapter.
     (((11))) (9) "Corrections officer" means any corrections agency
 employee whose primary job function is to provide for the custody,
 safety, and security of adult ((prisoners)) persons in jails and
 detention facilities ((and who is subject to the basic corrections
 training requirement of RCW 43.101.220 and any other requirements of
 that section, notwithstanding any waiver or exemption granted by the
 commission, and notwithstanding the statutory exemption based on date
 of initial hire under RCW 43.101.220. For the purpose of RCW
 43.101.080,    43.101.096,   43.101.106,     43.101.116,  43.101.121,
 43.101.126, 43.101.136, 43.101.146, 43.101.156, 43.101.380, and
 43.101.400, "corrections)) in the state. "Corrections officer" does
 not include individuals employed by state agencies.
     (10) "Finding" means a determination based on a preponderance of
 the evidence whether alleged misconduct occurred; did not occur;
 occurred, but was consistent with law and policy; or could neither be
 proven or disproven.
     (11) "Reserve officer" means any person who does not serve as a
 peace officer of this state on a full-time basis, but who, when
 called by an agency into active service, is fully commissioned on the
                                     p. 4                    E2SSB 5051.SL
 same basis as full-time officers to enforce the criminal laws of this
 state and includes:
     (a) Specially commissioned Washington peace officers as defined
 in RCW 10.93.020;
     (b) Limited authority Washington peace officers as defined in RCW
 10.93.020;
     (c) Persons employed as security by public institutions of higher
 education as defined in RCW 28B.10.016; and
     (d) Persons employed for the purpose of providing security in the
 K-12 Washington state public school system as defined in RCW
 28A.150.010 and who are authorized to use force in fulfilling their
 responsibilities.
     (12) "Tribal police officer" means any person employed and
 commissioned by a tribal government to enforce the criminal laws of
 that government.
     Sec. 2. RCW 43.101.020 and 1974 ex.s. c 94 s 2 are each amended
 to read as follows:
     (1) There is hereby created and established a state commission to
 be known and designated as the Washington state criminal justice
 training commission.
     (2) The purpose of ((such)) the commission shall be to ((provide
 programs and standards for the training of criminal justice
 personnel)) establish and administer standards and processes for
 certification, suspension, and decertification of peace officers and
 corrections officers. The commission shall provide programs and
 training   that    enhance   the    integrity,   effectiveness,   and
 professionalism of peace officers and corrections officers while
 helping to ensure that law enforcement and correctional services are
 delivered to the people of Washington in a manner that fully complies
 with the Constitutions and laws of this state and United States. In
 carrying out its duties, the commission shall strive to promote
 public trust and confidence in every aspect of the criminal justice
 system.
     Sec. 3.   RCW 43.101.030 and 2020 c 44 s 1 are each amended to
 read as follows:
     The commission shall consist of ((sixteen)) 21 members((, who
 shall be selected)) as follows:
     (1) The governor shall appoint ((two)):
                                     p. 5                    E2SSB 5051.SL
     (a) One incumbent sheriff((s)) and ((two)) one incumbent
 chief((s)) of police.
     (((2) The governor shall appoint one officer)) The governor shall
 additionally appoint an alternate incumbent chief of police who may
 perform commission duties in place of the appointed incumbent chief
 if that person is unavailable;
     (b) Two officers at or below the level of first line supervisor
 who:
     (i) Have at least ten years' experience as law enforcement
 officers;
     (ii) Are from ((a county)) two different law enforcement ((agency
 and one officer at or below the level of first line supervisor from a
 municipal   law  enforcement   agency.  Each  appointee   under  this
 subsection (2) shall have at least ten years experience as a law
 enforcement officer.
     (3) The governor shall appoint one)) agencies that each have at
 least 15 officers and are different than the agencies with which the
 members in (a) of this subsection are affiliated; and
     (iii) Are affiliated with different labor organizations;
     (c) One tribal police officer at or below the level of first line
 supervisor who has at least 10 years' experience as a law enforcement
 officer;
     (d) One person employed ((in a county correctional system and one
 person employed in the state correctional system.
     (4) The governor shall appoint one)) in a state or county
 corrections agency;
     (e) One incumbent county prosecuting attorney or municipal
 attorney((.
     (5) The governor shall appoint one)) and one public defender;
     (f) One licensed attorney with background in investigating,
 advocating, teaching, training, or presiding over matters related to
 enhancing law enforcement practices and accountability, who has not
 been employed in law enforcement;
     (g) One elected official of a local government((.
     (6) The governor shall appoint two private citizens)) who is not
 a sheriff or police chief and has not been employed in the last 10
 years as a peace officer or prosecutor in any jurisdiction;
     (h) One person with civilian oversight or auditing experience
 over law enforcement agencies;
                                     p. 6                    E2SSB 5051.SL
     (i) Seven community members who are not employed in law
 enforcement, ((one from)) including at least two who reside east of
 the crest of the Cascade mountains and ((one from west of the crest
 of the Cascade mountains. At)) at least ((one of the private citizens
 must be)) three who are from a historically underrepresented
 community or communities((.
     (7) The governor shall appoint one)); and
     (j)   One   tribal   chair,  board   member,   councilmember,  or
 ((designee)) enrolled member from a federally recognized tribe with
 an active certification agreement under RCW 43.101.157((.
     (8) The three remaining members shall be:
     (a))) who is not a sheriff and has not been employed in the last
 10 years as a peace officer or prosecutor in any jurisdiction;
     (2) The attorney general or the attorney general's designee;
     (((b) The special agent in charge of the Seattle office of the
 federal bureau of investigation; and
     (c))) (3) The chief of the state patrol or the chief's designee.
     Sec. 4. RCW 43.101.040 and 2009 c 549 s 5167 are each amended to
 read as follows:
     All members appointed to the commission by the governor shall be
 appointed for terms of six years, such terms to commence on July
 first, and expire on June thirtieth((: PROVIDED, That of the)).
 However, for members first appointed ((three shall be appointed for
 two year terms, three shall be appointed for four year terms, and
 three shall be appointed for six year terms: PROVIDED, FURTHER, That
 the terms of the two members appointed as incumbent police chiefs
 shall not expire in the same year nor shall the terms of the two
 members appointed as representing correctional systems expire in the
 same year nor shall the terms of the two members appointed as
 incumbent