The Senate Law & Justice Committee heard public testimony on Substitute House Bill 1735, which would modify the standard for use of force by peace officers.
The bill passed the house 90 to 5 on January 28 and must pass the Senate for an opportunity for the Governor’s signature in order to become law.
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SHB 1735 – 2021-22
Effective Date: The bill contains an emergency clause and takes effect immediately
Status: Jan 28 1st substitute bill substituted (PS 22). Third reading, passed; yeas, 90; nays, 5; absent, 0; excused, 3. (see full roll call below)
The bill analysis and bill report are prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent.
Brief Summary of Bill
- Expands peace officer authority to use physical force.
- Modifies the requirement to exercise reasonable care.
- Provides that the standard for use of physical force does not limit or restrict a peace officers authority or responsibility to perform life saving or community caretaking functions.
- Provides that the standard for use of physical force does not prevent a peace officer from responding to requests for assistance or service.
House Brief Summary of Bill
- Expands the authority for a peace officer to use physical force, subject to the requirement to exercise reasonable care, to include circumstances where such force is necessary to take a person into custody or provide assistance in circumstances involving involuntary treatment or evaluation under civil or forensic commitment laws, take a minor into protective custody in certain circumstances, or execute or enforce a court order.
- Modifies the requirement to exercise reasonable care before using force, including defining “de-escalation tactics” and clarifying when de-escalation tactics and less lethal alternatives must be used by a peace officer before using physical or deadly force.
- Provides that the standard for use of force by peace officers does not limit or restrict a peace officer’s authority or responsibility to perform lifesaving measures or perform community caretaking functions to protect health and safety, and does not prevent a peace officer from responding to requests for assistance or service by specified individuals and members of the public.
House of Representative Roll Call
January 28, 2022 Yeas: 90 Nays: 5 Absent: 0 Excused: 3
Voting Yea: Representatives Abbarno, Bateman, Berg, Bergquist, Berry, Boehnke, Bronoske, Caldier, Callan, Chambers, Chandler, Chapman, Chopp, Cody, Corry, Davis, Dent, Dolan, Donaghy, Duerr, Dufault, Dye, Entenman, Eslick, Fey, Fitzgibbon, Frame, Gilday, Goehner, Goodman, Graham, Gregerson, Griffey, Hackney, Hansen, Harris, Harris-Talley, Jacobsen, Johnson, J., Kirby, Klicker, Klippert, Kloba, Kretz, Leavitt, Lekanoff, MacEwen, Macri, Maycumber, Morgan, Mosbrucker, Orcutt, Ormsby, Ortiz-Self, Orwall, Paul, Peterson, Pollet, Ramel, Ramos, Riccelli, Robertson, Rude, Rule, Ryu, Santos, Schmick, Sells, Senn, Shewmake, Slatter, Springer, Steele, Stokesbary, Stonier, Sullivan, Sutherland, Taylor, Thai, Tharinger, Valdez, Vick, Volz, Walen, Wicks, Wilcox, Wylie, Ybarra, Young, Jinkins
Voting Nay: Representatives Chase, Kraft, McCaslin, McEntire, Walsh
Absent: Excused: Representatives Barkis, Hoff, Simmons
Auburn representatives in bold
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