Criminal interview practices

AN ACT Relating to improving public safety by implementing 1
evidence-based interview practices that increase the reliability of 2
statements collected during criminal investigations; adding a new 3
section to chapter 43.101 RCW; and adding a new chapter to Title 10 4
RCW. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that law enforcement 7
best protects the community when evidence-based investigative tools 8
are utilized.9
The legislature further finds that a large and growing body of 10
scientific evidence has established that rapport-based, noncoercive 11
interview methods are the most effective means for law enforcement to 12
illicit true, accurate, and reliable information from suspects and 13
witnesses during criminal investigations. 14
The legislature further finds that abandoning deceptive tactics 15
in exchange for rapport-based, noncoercive techniques enhances public 16
trust in the police, encourages public cooperation to facilitate 17
investigations, protects the recall and capacity to exercise sound 18
judgement by those being interviewed, preserves the integrity and 19
professionalism of law enforcement officers, and increases public 20
safety. 21
H-0321.1
HOUSE BILL 1138
State of Washington 69th Legislature 2025 Regular Session
By Representatives Peterson, Macri, Obras, Ryu, Farivar, Doglio,
Simmons, Street, Duerr, Nance, Berg, Ormsby, Lekanoff, and Hill
Prefiled 12/27/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1138
The legislature therefore intends to develop and implement 1
training on the use of rapport-based, noncoercive interview 2
techniques by law enforcement, and to facilitate the adoption of such 3
techniques by law enforcement in lieu of the use of deception.4
NEW SECTION. Sec. 2. The definitions in this section apply 5
throughout this chapter unless the context clearly requires 6
otherwise.7
(1) "Deception" means the knowing communication of false facts 8
about evidence or unauthorized statements regarding leniency by a law 9
enforcement officer to a person who is the subject of an 10
interrogation. 11
(2) "Interrogation" means express questioning or other actions or 12
words by a law enforcement officer which are reasonably likely to 13
elicit an incriminating response and occurs when a reasonable person 14
in the same circumstances would consider themself in legal jeopardy.15
(3) "Law enforcement officer" means a general authority 16
Washington peace officer or limited authority Washington peace 17
officer as defined in RCW 10.93.020. 18
(4) "Person" means an individual, corporation, business trust, 19
statutory trust, estate, trust, partnership, limited liability 20
company, association, joint venture, public corporation, or 21
government; governmental subdivision, agency, or instrumentality; or 22
any other legal or commercial entity. 23
(5) "Statement" means a communication whether oral, written, 24
electronic, or nonverbal. 25
NEW SECTION. Sec. 3. (1) Beginning December 31, 2026, a 26
statement made by a person during an interrogation conducted by a law 27
enforcement officer shall be presumed inadmissible in court if the 28
officer intentionally engaged in deception to obtain the statement 29
and the statement was made in relation to an investigation of a 30
misdemeanor or felony offense, or, in the case of a juvenile, an 31
allegation that, if proven, would constitute a misdemeanor or felony 32
offense if committed by an adult.33
(2) The prosecution may overcome the presumption of 34
inadmissibility if it proves by clear and convincing evidence that 35
the person's statement was voluntary and not made in response to the 36
officer's use of deception. 37
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NEW SECTION. Sec. 4. A new section is added to chapter 43.101 1
RCW to read as follows: 2
(1) The commission shall contract with an expert or organization 3
with expertise in interrogation and interview tactics to develop, 4
administer, and periodically revise a training for law enforcement 5
personnel in evidence-based interrogation and interview techniques.6
(2) The training must explain and demonstrate: 7
(a) The phenomenon of false confessions by suspects under 8
questioning by law enforcement; 9
(b) The heightened risk of false confessions when deception and 10
other confession-driven interrogation techniques are used during 11
questioning by law enforcement; and 12
(c) The implementation process and investigative outcomes for law 13
enforcement organizations that have adopted rapport-based 14
interviewing techniques. 15
(3) The training must include, at minimum, instruction on the use 16
of the following techniques: 17
(a) The preparation and planning, engage and explain, account, 18
closure and evaluate (PEACE) method; 19
(b) The strategic use of true evidence; 20
(c) The cognitive interview; and 21
(d) The trauma-informed interview. 22
(4) The commission shall make the completed training available at 23
no cost to all law enforcement personnel and law enforcement agencies 24
in the state. 25
(5) The commission shall begin offering the training by July 1, 26
2026. 27
NEW SECTION. Sec. 5. Sections 1 through 3 of this act 28
constitute a new chapter in Title 10 RCW.29
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