Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
             ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1089
                       Chapter 319, Laws of 2021
                               67th Legislature
                             2021 Regular Session
 PEACE OFFICERS AND LAW ENFORCEMENT AGENCIES—COMPLIANCE AUDITS
                     EFFECTIVE DATE: July 25, 2021
Passed by the House April 12, 2021                  CERTIFICATE
  Yeas 69 Nays 29
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify   that   the   attached  is
Representatives                        ENGROSSED SECOND SUBSTITUTE HOUSE
                                       BILL 1089 as passed by the House of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate April 7, 2021
  Yeas 42 Nays 7
                                                    BERNARD DEAN
              DENNY HECK                                           Chief Clerk
President of the Senate
Approved May 18, 2021 11:42 AM                         FILED
                                                    May 18, 2021
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                  ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1089
                           AS AMENDED BY THE SENATE
                   Passed Legislature - 2021 Regular Session
     State of Washington         67th Legislature     2021 Regular Session
     By House Appropriations (originally sponsored by Representatives
     Ramos, Goodman, Leavitt, Slatter, Wylie, Bateman, Berry, Dolan,
     Ramel, Ortiz-Self, Senn, Peterson, Gregerson, Ryu, Valdez, Callan,
     Kloba, Hackney, Chopp, Duerr, Ormsby, Taylor, Bronoske, Fey,
     Lekanoff, Santos, Macri, J. Johnson, Frame, Orwall, and Pollet)
     READ FIRST TIME 02/09/21.
1        AN ACT Relating to compliance audits of requirements relating to
2    peace officers and law enforcement agencies; adding new sections to
3    chapter 43.101 RCW; and creating a new section.
4    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
 5       NEW SECTION. Sec. 1. A new section is added to chapter 43.101
 6   RCW to read as follows:
 7       (1) The office of the Washington state auditor is authorized to
 8   conduct a process compliance audit procedure and review of any deadly
 9   force investigation conducted pursuant to RCW 10.114.011. At the
10   conclusion of every deadly force investigation, the state auditor
11   shall determine whether the actions of the involved law enforcement
12   agency, investigative body, and prosecutor's office are in compliance
13   with RCW 10.114.011, chapter 43.--- RCW (the new chapter created in
14   section 601 of Engrossed Substitute House Bill No. 1267), and all
15   rules adopted pursuant to these provisions for the investigation and
16   reporting of incidents involving the use of deadly force. A deadly
17   force investigation is concluded once the involved prosecutor's
18   office makes a charging decision and any resulting criminal case
19   reaches disposition. Audit procedures under this section shall be
20   conducted in cooperation with the commission.
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1        (2) The state auditor may not conduct an audit under this section
2    until adequately staffed with subject matter expertise regarding law
3    enforcement and investigative audits. Until that time, the state
4    auditor shall contract with persons with the appropriate subject
5    matter expertise and shall issue a request for proposal for
6    contracting with a person or entity to provide adequate subject
7    matter expertise.
 8       NEW SECTION. Sec. 2. A new section is added to chapter 43.101
 9   RCW to read as follows:
10       Upon the request of the commission, the office of the Washington
11   state auditor is authorized to conduct an audit procedure on any law
12   enforcement agency to ensure the agency is in compliance with all
13   laws,   policies,   and   procedures  governing   the  training   and
14   certification of peace officers employed by the agency. A copy of any
15   completed audit must be sent to the commission, law enforcement
16   agency, city or county council, county prosecutor, and relevant
17   committees of the legislature.
18       NEW SECTION. Sec. 3. A new section is added to chapter 43.101
19   RCW to read as follows:
20       A law enforcement agency shall not pay any costs or fees for an
21   audit conducted pursuant to section 1 or 2 of this act.
22       NEW SECTION.   Sec. 4. If specific funding for the purposes of
23   this act, referencing this act by bill or chapter number, is not
24   provided by June 30, 2021, in the omnibus appropriations act, this
25   act is null and void.
         Passed by the House April 12, 2021.
         Passed by the Senate April 7, 2021.
         Approved by the Governor May 18, 2021.
         Filed in Office of Secretary of State May 18, 2021.
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