CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1267
Chapter 318, Laws of 2021
67th Legislature
2021 Regular Session
OFFICE OF INDEPENDENT INVESTIGATIONS—POLICE USE OF FORCE
EFFECTIVE DATE: July 25, 2021
Passed by the House April 14, 2021 CERTIFICATE
Yeas 56 Nays 41
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 SUBSTITUTE HOUSE BILL
1267 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 9, 2021
Yeas 27 Nays 22
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 18, 2021 11:41 AM FILED
May 18, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 ENGROSSED SUBSTITUTE HOUSE BILL 1267
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Public Safety (originally sponsored by Representatives
Entenman, Hackney, Senn, Dolan, Leavitt, Berry, Fitzgibbon, Valdez,
Simmons, Ramel, Ortiz-Self, Ramos, Chopp, Davis, Thai, Bergquist,
Peterson, Kloba, Callan, Lekanoff, Macri, Goodman, Gregerson, J.
Johnson, Lovick, Slatter, Ryu, Berg, Harris-Talley, Sells, Tharinger,
Orwall, Pollet, Santos, and Ormsby; by request of Office of the
Governor)
READ FIRST TIME 02/09/21.
1 AN ACT Relating to investigation of potential criminal conduct
2 arising from police use of force, including custodial injuries, and
3 other officer-involved incidents; amending RCW 10.93.020, 39.26.125,
4 and 10.114.011; adding a new section to chapter 41.06 RCW; adding a
5 new chapter to Title 43 RCW; creating new sections; and providing an
6 expiration date.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 101. INTENT. The legislature finds that there
9 has been an outpouring of frustration, anger, and demand for change
10 from many members of the public over the deaths of people of color
11 resulting from encounters with police. The most recent deaths in the
12 United States and within Washington are a call to lead our state to a
13 new system for investigating deaths and other serious incidents
14 involving law enforcement officers.
15 The legislature intends that the office of independent
16 investigations be created to conduct investigations of use of force
17 and other cases under its jurisdiction in a manner that is competent,
18 unbiased, and thorough. The office will be transparent and
19 accountable for its work. The office should ensure that it treats all
20 people with dignity and respect. The director and staff must be
21 qualified and trained to conduct the investigations, including
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 1 training to understand the impact and effect of racism in the
2 investigation and use of an antiracist lens to conduct their work.
3 It is intended that this office will assume responsibility for
4 investigations of serious use of force incidents and refer the
5 reports on the investigation to the prosecutorial entity to determine
6 if the action was justified, or if there was criminal action such
7 that criminal charges should be filed. This is the same criminal
8 investigative inquiry that is currently conducted when there is an
9 officer-involved incident. The legislature does not intend to create
10 a new type of investigation or that the office should be involved in
11 any administrative review of conduct or complaints to police agencies
12 about officer conduct related to policy or procedure. The process
13 created in this act is intended to change only who investigates the
14 incident. It does not change the nature of the investigation and
15 involves only an investigation to determine justification or whether
16 criminal charges are appropriate.
17 NEW SECTION. Sec. 201. DEFINITIONS. The definitions in this
18 section apply throughout this chapter unless the context clearly
19 requires otherwise.
20 (1) "Advisory board" means the office of independent
21 investigations advisory board.
22 (2) "Deadly force" has the meaning provided in RCW 9A.16.010.
23 (3) "Director" means the director of the office of independent
24 investigations.
25 (4) "Great bodily harm" has the meaning provided in RCW
26 9A.04.110.
27 (5) "In-custody" refers to a person who is under the physical
28 control of a general authority Washington law enforcement agency or a
29 limited authority Washington law enforcement agency as defined in RCW
30 10.93.020 or a city, county, or regional adult or juvenile
31 institution, correctional, jail, holding, or detention facility as
32 defined in RCW 70.48.020, 72.09.015, or 13.40.020.
33 (6) "Independent investigation team" means a team of qualified
34 and certified peace officer investigators, civilian crime scene
35 specialists, and other representatives who operate independently of
36 any involved agency to conduct investigations of police deadly force
37 incidents. An independent investigation team may be comprised of
38 multiple law enforcement agencies who jointly investigate police use
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 1 of force incidents in their geographical regions or may be a single
2 law enforcement agency, provided it is not the involved agency.
3 (7) "Involved agency" means a general authority Washington law
4 enforcement agency or limited authority Washington law enforcement
5 agency, as defined in RCW 10.93.020, that employs or supervises the
6 officer or officers who are an involved officer as defined in this
7 section, or an agency responsible for a city, county, or regional
8 adult or juvenile institution, correctional, jail, holding, or
9 detention facility as defined in RCW 70.48.020, 72.09.015, or
10 13.40.020.
11 (8) "Involved officer" means one of the following persons who is
12 involved in an incident as an actor or custodial officer in which the
13 act or omission by the individual is within the scope of the
14 jurisdiction of the office as defined in this chapter:
15 (a) A general authority Washington peace officer, specially
16 commissioned Washington peace officer, or limited authority
17 Washington peace officer, as defined in RCW 10.93.020, whether on or
18 off duty if he or she is exercising his or her authority as a peace
19 officer; or
20 (b) An individual while employed in a city, county, or regional
21 adult or juvenile institution, correctional, jail, holding, or
22 detention facility as defined in RCW 70.48.020, 72.09.015, or
23 13.40.020.
24 (9) "Office" means the office of independent investigations.
25 (10) "Substantial bodily harm" has the same meaning as in RCW
26 9A.04.110.
27 Office Creation
28 NEW SECTION. Sec. 301. CREATION. (1) The office of independent
29 investigations is hereby established within the office of the
30 governor for the purpose of conducting fair, thorough, transparent,
31 and competent investigations as authorized under this chapter.
32 (2) The office of independent investigations is an investigative
33 law enforcement agency, including for the purposes of the public
34 records act, chapter 42.56 RCW.
35 NEW SECTION. Sec. 302. OFFICE POWERS AND DUTIES. In addition to
36 other responsibilities set forth in this chapter, the office shall:
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 1 (1) Conduct fair, thorough, transparent, and competent
2 investigations of police use of force and other incidents involving
3 law enforcement as authorized in this chapter and shall prioritize
4 investigations conducted by the office based on resources and other
5 criteria developed in consultation with the advisory board. The
6 office shall commence investigations as follows:
7 (a) Beginning no later than July 1, 2022, the office is
8 authorized to conduct investigations of deadly force cases occurring
9 after July 1, 2022, including any incident involving use of deadly
10 force by an involved officer against or upon a person who is in-
11 custody or out-of-custody; and
12 (b) Beginning no later than July 1, 2023, the office is
13 authorized to review, and may investigate, prior investigations of
14 deadly force by an involved officer if new evidence is brought forth
15 that was not included in the initial investigation;
16 (2) Analyze data available to the office and provide reports and
17 recommendations as appropriate based on the data regarding issues,
18 trends, and other relevant areas;
19 (3) Provide reports on activities of the office as authorized
20 under this chapter; and
21 (4) Carry out such other responsibilities as may be consistent
22 with this chapter.
23 NEW SECTION. Sec. 303. DIRECTOR. (1)(a) The governor shall
24 appoint the director of the office and determine the director's
25 compensation. The governor shall select the director from a list of
26 three candidates recommended by the advisory board unless the
27 governor declines to select any of the candidates provided. If the
28 governor declines to select a candidate proposed by the advisory
29 board, the governor may request the advisory board to provide
30 additional qualified nominees for consideration or may offer an
31 alternative candidate who may be appointed following approval by a
32 majority of the advisory board.
33 (b) Prior to selecting the director, the governor shall consider
34 the results of a background check, including an assessment of
35 criminal history, and research of social media and affiliations to
36 check for racial bias and conflicts of interest.
37 (2) The director shall hold office for a term of three years and
38 continue to hold office until reappointed or until his or her
39 successor is appointed. The governor may remove the director prior to
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 1 the expiration of the director's term for neglect of duty,
2 misconduct, or inability to perform duties.
3 NEW SECTION. Sec. 304. DUTIES OF THE DIRECTOR. (1) The director
4 shall:
5 (a) Oversee the duties and functions of the office and
6 investigations conducted by the office pursuant to this chapter;
7 (b) Hire or contract with investigators and other personnel as
8 the director considers necessary to perform investigations conducted
9 by the office, and other duties as required, under this chapter;
10 (c) Plan and provide trainings for office personnel, including
11 contracted investigators, that promote recognition of and respect
12 for, the diverse races, ethnicities, and cultures of the state;
13 (d) Plan and provide training for advisory board members
14 including training to utilize an antiracist lens in their duties as
15 advisory board members;
16 (e) Publish reports of investigations conducted under this
17 chapter;
18 (f) Enter into contracts and memoranda of understanding as
19 necessary to implement the responsibilities of the office under this
20 chapter;
21 (g) Adopt rules in accordance with chapter 34.05 RCW and perform
22 all other functions necessary and proper to carry out the purposes of
23 this chapter;
24 (h) Develop the nondisclosure agreement required in section 501
25 of this act; and
26 (i) Perform the duties and exercise the powers that are set out
27 in this chapter, as well as any additional duties and powers that may
28 be prescribed.
29 (2) No later than February 1, 2022, in consultation with the
30 advisory board, the director shall develop a plan to implement:
31 (a) Regional investigation teams and a system for promptly
32 responding to incidents of deadly force under the jurisdiction of the
33 office. The regional investigation teams should:
34 (i) Allow for prompt response to the incident requiring
35 investigation; and
36 (ii) Include positions for team members who are not required to
37 be designated as limited authority Washington peace officers;
38 (b) A system and requirements for involved agencies to notify the
39 office of any incident under the jurisdiction of the office, which
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 1 must include direction to agencies as to what incidents of force and
2 injuries and other circumstances must be reported to the office,
3 including the timing of such reports, provided that any incident
4 involving substantial bodily harm, great bodily harm, or death is
5 reported to the office immediately in accordance with section 402 of
6 this act;
7 (c) The process to conduct investigations of cases under the
8 jurisdiction of the office including, but not limited to:
9 (i) The office intake process following notification of an
10 incident by an involved agency;
11 (ii) The assessment and response to the notification of the
12 incident by the office, including direction to and coordination with
13 the independent investigation team;
14 (iii) Determination and deployment of necessary resources for the
15 regional investigation teams to conduct the investigations;
16 (iv) Determination of any conflicts with office investigators or
17 others involved in the investigation to ensure no investigator has an
18 existing conflict with an assigned case;
19 (v) Protocol and direction to the involved agency;
20 (vi) Protocol and direction to the independent investigation
21 team;
22 (vii) Protocol and guidelines for contacts and engagement with
23 the involved agency; and
24 (viii) Protocol for finalizing the completed investigation and
25 referral to the entity responsible for the prosecutorial decision,
26 including communication with the family and public regarding the
27 completion of the investigation;
28 (d) A plan for the office's interaction, communications, and
29 responsibilities to: The involved officer; the individual who is the
30 subject of the action by the involved officer that is the basis of
31 the case under investigation, and their families; the public; and
32 other interested parties or stakeholders. The plan must consider the
33 following:
34 (i) A process for consultation, notifications, and communications
35 with the person, family, or representative of any person who is the
36 subject of the action by the involved officer that is the basis of
37 the case under investigation;
38 (ii) Translation services which may be utilized through employees
39 or contracted services;
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 1 (iii) Support to access assistance or services to the extent
2 possible; and
3 (iv) A process for situations in which a tribal member is
4 involved in the case that ensures consultation with the federally
5 recognized tribe, and notification of the governor's office of Indian
6 affairs within 24 hours in cases of deadly use of force;
7 (e) Training for employees and contractors of the office to begin
8 prior to July 1, 2022; and
9 (f) Prioritization of cases for investigation.
10 (3) No later than December 1, 2023, in consultation with the
11 advisory board, the director shall develop a proposal for training
12 individuals who are nonlaw enforcement officers to conduct competent,
13 thorough investigations of cases under the jurisdiction of the
14 office. The proposal must establish a training plan with an objective
15 that within five years of the date the office begins investigating
16 deadly force cases the cases will be investigated by nonlaw
17 enforcement officers. The director shall report such proposal to the
18 governor and legislature by December 1, 2023. Any proposal offered by
19 the director must ensure investigations are high quality, thorough,
20 and competent.
21 (4) The director, in consultation with the advisory board, shall
22 implement a plan to review prior investigations of deadly force by an
23 involved officer if new evidence is brought forth that was not
24 included in the initial investigation and investigate if determined
25 appropriate based on the review. The director must prioritize the
26 review or investigation of cases occurring prior to July 1, 2022,
27 based on resources and other cases under investigation with the
28 office.
29 NEW SECTION. Sec. 305. PERSONNEL. (1) The director may employ,
30 or enter into contracts with, personnel as he or she determines
31 necessary for the proper discharge of his or her duties. The director
32 must request input from the advisory board on the hiring process and
33 hiring goals, including diversity.
34 (2) The dire