The House Public Safety Committee and the Senate Committee on Law and Justice held hearings on Wednesday to consider changes to Washington State’s laws regarding the use of deadly force by law enforcement officers.
Sixty people came to testify, packing into an overflow room at the House hearing. Civil and human rights advocates and advocates for individuals with disabilities testified on behalf of legislation (HB 2907 and SB 6621) to update the state’s deadly force law to clarify when it is appropriate for an officer to use deadly force.
Under existing state law, officers cannot be criminally liable for using unnecessary force unless a prosecutor can prove that they acted with “without malice and with a good faith belief.” State law defines “malice” as “evil intent.” According to Amnesty International, Washington is the only state in the country with such a standard. Lawmakers have expressed concern that current law makes it nearly impossible for prosecutors to bring criminal charges against an officer, even in the face of strong evidence that an officer wrongfully killed a civilian.
“Last year we were all jolted by incidents around the country where lethal force was used against marginalized people who were not armed. When it happened here, we were still more shocked. This is a critical issue for the safety of our communities, and one we need to address,” said Senator Karen Fraser, prime sponsor of Senate Bill 6621.
“It is nearly impossible to prosecute law enforcement in the state of Washington,” said Representative Luis Moscoso, who introduced House Bill 2907. “We need clear standards in our state for when the use of deadly force is justified that place a high value on the lives of our citizens and our officers.”
“Washington state does not comply with international standards on the use of force,” testified Jamira Burley of Amnesty International USA at the House hearing. “The law as currently written is far too permissive under international law and allows for officers to use lethal force to overcome resistance without requiring that such resistance present an imminent threat. House Bill 2907 takes significant steps to meet those standards.”
“In police work, officers are holding civilians to account for violations of the law. If the law does not apply to officers there a cloud of hypocrisy that fundamentally damages the legitimacy of the police function,” testified Lisa Daugaard of the Public Defender Association.
House Bill 2907 would require officers to only use deadly force when they reasonably believe there is an imminent threat to themselves or another individual and ensure that officers can be held criminally liable for gross negligence in the use of deadly force. Senate Bill 6621 calls for the formation of a task force to investigate and make recommendations to the Legislature in 2017 regarding the use of deadly force as well as other policing issues.
The need for reform of the state’s laws was raised by the Black Alliance of Thurston County, a group of community leaders seeking to improve relationships and provide accountability between local communities and law enforcement.
“Now is the time for Washington to lead the nation by setting precise and provable legal standards that respect the high value and sanctity of human life,” said Dr. Karen Johnson, Chair of the Black Alliance of Thurston County. “This bill provides clear guidance to law enforcement on the appropriate use of deadly force, respects and supports the role of law enforcement to maintain public safety, and fosters accountability and public trust. It is good for the public, the police, and the prosecutors.”
