OII expansion/prosecutions

AN ACT Relating to expanding the office of independent 1
investigations to include prosecutions of criminal conduct within the 2
jurisdiction of the office of independent investigations and 3
prosecutions; amending RCW 43.102.020, 43.102.030, 43.102.050, 4
43.102.060, 43.102.080, 43.102.130, and 43.10.090; reenacting and 5
amending RCW 43.102.010; and adding new sections to chapter 43.102 6
RCW. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. A new section is added to chapter 43.102 9
RCW to read as follows: 10
(1) The office shall have concurrent authority and power with the 11
county prosecuting attorneys to investigate crimes and initiate and 12
conduct prosecutions of use of deadly force by an involved officer 13
cases and other cases under the jurisdiction of the office including 14
appeals and requests for postconviction relief. 15
(2) In any prosecution pursuant to this chapter, the office may 16
prosecute related offenses and defendants. Related offenses and 17
defendants are those offenses and defendants that may be joined in an 18
information as provided by law or by the criminal rules for superior 19
courts of the state of Washington. Related offenses also include 20
crimes arising from or discovered in the course of use of force 21
H-0970.1
HOUSE BILL 1740
State of Washington 69th Legislature 2025 Regular Session
By Representatives Stonier, Street, Kloba, Reed, Parshley, Pollet,
and Macri
Read first time 01/30/25. Referred to Committee on Community Safety.
p. 1 HB 1740
investigations when such crimes have a relationship to the use of 1
force investigation or prosecution. 2
(3) Nothing in this section affects the authority of the county 3
prosecuting attorney to conduct prosecutions of crimes committed by 4
an individual who is the subject of a use of force action by the 5
involved officer. 6
(4) The office shall be responsible for its expert witness fees 7
and other associated costs of prosecution. The office shall not be 8
responsible for defense costs, including defense attorneys' fees, 9
defense expert witness fees, or any other costs related to the 10
defense in a criminal prosecution initiated by the office. 11
Reimbursement for costs is subject to the provisions of RCW 12
9A.16.046. The county in which the action is filed shall be 13
responsible for court administration costs and public defense costs 14
if the defendant so qualifies. 15
(5) If the office of the attorney general, a county prosecuting 16
attorney, and the independent prosecutor file competing informations 17
or indictments charging a defendant with substantially the same 18
offense(s), the court shall, upon motion of either the county 19
prosecuting attorney or the independent prosecutor:20
(a) Determine whose prosecution of the case will best promote the 21
interests of justice, and prioritize the public's interest in 22
ensuring a fair and impartial prosecution and trial free from bias or 23
the appearance of bias and enter an order designating that person as 24
the prosecuting authority in the case; and 25
(b) Enter an order dismissing the information or indictment filed 26
by the person who was not designated the prosecuting authority.27
NEW SECTION. Sec. 2. A new section is added to chapter 43.102 28
RCW to read as follows: 29
(1) The director shall determine the compensation and appoint a 30
licensed attorney to serve as the independent prosecutor within nine 31
months of the effective date of this section. The independent 32
prosecutor shall have final decision-making authority related to:33
(a) Hiring and terminating deputy independent prosecuting 34
attorneys and related support staff within the office;35
(b) Filing or declining to file criminal charges after thorough 36
review of cases within the jurisdiction of the office; and37
(c) All aspects of litigating cases within the jurisdiction of 38
the office. 39
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(2) The director may remove the independent prosecutor prior to 1
the expiration of the independent prosecutor's term of service for 2
misconduct or the inability to perform the duties of the office.3
(3) The independent prosecutor must meet the following minimum 4
criteria for appointment by the director: 5
(a) Admission to practice law in the state of Washington;6
(b) No documented criminal or disciplinary history involving 7
dishonesty, discrimination against persons of color or marginalized 8
communities, or abuse of power; and 9
(c) Submission to a background check, including an assessment of 10
criminal history and research of social media and affiliations to 11
check for racial bias and conflicts of interest. 12
(4) Should the independent prosecutor resign, become 13
incapacitated, or be removed as set forth in this chapter, the 14
director shall appoint an interim independent prosecutor within 24 15
hours, who shall serve as the independent prosecutor until such time 16
as the director appoints a new independent prosecutor.17
(5) The independent prosecutor shall hold the position for a term 18
of three years and continue to hold the position until reappointed or 19
until a successor is appointed. 20
NEW SECTION. Sec. 3. A new section is added to chapter 43.102 21
RCW to read as follows: 22
POWERS AND DUTIES OF THE INDEPENDENT PROSECUTOR. (1) The 23
independent prosecutor shall hire or contract with attorneys and 24
other personnel as necessary to pursue prosecutions conducted by the 25
office and other duties required under this chapter;26
(2) The independent prosecutor shall ensure that persons 27
subjected to use of force by an involved officer, or their survivors, 28
are kept apprised of the status of the review of the investigation, 29
any charging decisions, all court hearings, and the status of any 30
prosecution, including access to press conferences and advance notice 31
of media releases; and ensure that all victims of charged crimes, or 32
their surviving family members, are afforded the rights set forth in 33
RCW 7.69.030; 34
(3) The independent prosecutor shall perform the duties and 35
exercise the powers set forth in this chapter, as well as any 36
additional duties and powers that may be prescribed; and37
(4) The independent prosecutor shall establish policies and 38
procedures to ensure that personnel with actual and apparent 39
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conflicts are screened from the review of the investigation and 1
prosecution of criminal charges. 2
NEW SECTION. Sec. 4. A new section is added to chapter 43.102 3
RCW to read as follows: 4
APPOINTMENT OF ASSISTANT INDEPENDENT PROSECUTORS — SPECIAL AND 5
TEMPORARY. The independent prosecutor may appoint one or more 6
assistant independent prosecutors and special assistant independent 7
prosecutors who shall have the same powers as the independent 8
prosecutor to perform investigations and prosecutions conducted by 9
the office. Each appointment shall be in writing, signed by the 10
independent prosecutor. 11
NEW SECTION. Sec. 5. A new section is added to chapter 43.102 12
RCW to read as follows: 13
EMPLOYMENT OF LEGAL INTERNS. Notwithstanding any other provision 14
of this chapter, nothing in this chapter shall prevent law students 15
from working as volunteer or paid legal interns or law clerks for the 16
office, or as otherwise authorized by statute or court rule.17
NEW SECTION. Sec. 6. A new section is added to chapter 43.102 18
RCW to read as follows: 19
PUBLIC REPORT. If the independent prosecutor declines to file 20
charges after reviewing an investigation of a fatal use of deadly 21
force, as defined in RCW 43.102.010, the independent prosecutor shall 22
issue a written report that includes the results of the investigation 23
and an explanation of the reasons for the decision. This report shall 24
be posted to a public website. 25
NEW SECTION. Sec. 7. A new section is added to chapter 43.102 26
RCW to read as follows: 27
LIABILITY. No action or other proceeding may be instituted 28
against the independent prosecutor or the independent prosecutor's 29
assistant independent prosecutors or contractors, or a person 30
exercising powers or performing duties at the direction of the 31
office, for any act done in good faith in the execution or intended 32
execution of the person's duty or for any alleged neglect or default 33
in the execution in good faith of the person's duty.34
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Sec. 8. RCW 43.102.010 and 2024 c 64 s 1 are each reenacted and 1
amended to read as follows: 2
The definitions in this section apply throughout this chapter 3
unless the context clearly requires otherwise. 4
(1) "911 communications center (([,]))," for purposes of this 5
chapter(([,])), means a public safety answering point or any other 6
entity that captures and maintains data that is utilized in a 911 7
emergency communications system, as defined in RCW 38.52.010.8
(2) "Advisory board" means the office of independent 9
investigations and prosecutions advisory board. 10
(3) "Deadly force" has the meaning provided in RCW 9A.16.010.11
(4) "Director" means the director of the office of independent 12
investigations and prosecutions. 13
(5) "Great bodily harm" has the meaning provided in RCW 14
9A.04.110. 15
(6) "In-custody" refers to a person who is under the physical 16
control of a general authority Washington law enforcement agency or a 17
limited authority Washington law enforcement agency as defined in RCW 18
10.93.020 or a city, county, or regional adult or juvenile 19
institution, correctional, jail, holding, or detention facility as 20
defined in RCW 70.48.020, 72.09.015, or 13.40.020.21
(7) "Independent investigation team" means a team of qualified 22
and certified peace officer investigators, civilian crime scene 23
specialists, and other representatives who operate independently of 24
any involved agency to conduct investigations of police deadly force 25
incidents. An independent investigation team may be comprised of 26
multiple law enforcement agencies who jointly investigate police use 27
of force incidents in their geographical regions or may be a single 28
law enforcement agency, provided it is not the involved agency.29
(8) "Involved agency" means a general authority Washington law 30
enforcement agency or limited authority Washington law enforcement 31
agency, as defined in RCW 10.93.020, that employs or supervises the 32
officer or officers who are an involved officer as defined in this 33
section, or an agency responsible for a city, county, or regional 34
adult or juvenile institution, correctional, jail, holding, or 35
detention facility as defined in RCW 70.48.020, 72.09.015, or 36
13.40.020. 37
(9) "Involved officer" means one of the following persons who is 38
involved in an incident as an actor or custodial officer in which the 39
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act or omission by the individual is within the scope of the 1
jurisdiction of the office as defined in this chapter:2
(a) A general authority Washington peace officer, specially 3
commissioned Washington peace officer, or limited authority 4
Washington peace officer, as defined in RCW 10.93.020, whether on or 5
off duty if he or she is exercising his or her authority as a peace 6
officer; or 7
(b) An individual while employed in 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
(10) "Office" means the office of independent investigations and 12
prosecutions. 13
(11) "Substantial bodily harm" has the same meaning as in RCW 14
9A.04.110. 15
Sec. 9. RCW 43.102.020 and 2021 c 318 s 301 are each amended to 16
read as follows: 17
(1) The office of independent investigations and prosecutions is 18
hereby established within the office of the governor for the purpose 19
of conducting fair, thorough, transparent, and competent 20
investigations and prosecutions as authorized under this chapter.21
(2) The office of independent investigations and prosecutions is 22
an investigative law enforcement agency, including for the purposes 23
of the public records act, chapter 42.56 RCW. 24
Sec. 10. RCW 43.102.030 and 2021 c 318 s 302 are each amended to 25
read as follows: 26
In addition to other responsibilities set forth in this chapter, 27
the office shall: 28
(1) Conduct fair, thorough, transparent, and competent 29
investigations and prosecutions of police use of force and other 30
incidents involving law enforcement as authorized in this chapter and 31
shall prioritize investigations and prosecutions conducted by the 32
office based on resources and other criteria developed in 33
consultation with the advisory board. The office shall commence 34
investigations as follows: 35
(a) Beginning no later than July 1, 2022, the office is 36
authorized to conduct investigations of deadly force cases occurring 37
after July 1, 2022, including any incident involving use of deadly 38
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force by an involved officer against or upon a person who is in-1
custody or out-of-custody; and 2
(b) Beginning no later than July 1, 2023, the office is 3
authorized to review, and may investigate, prior investigations of 4
deadly force by an involved officer if new evidence is brought forth 5
that was not included in the initial investigation;6
(2) Analyze data available to the office and provide reports and 7
recommendations as appropriate based on the data regarding issues, 8
trends, and other relevant areas; 9
(3) Provide reports on activities of the office as authorized 10
under this chapter; and 11
(4) Carry out such other responsibilities as may be consistent 12
with this chapter. 13
NEW SECTION. Sec. 11. A new section is added to chapter 43.102 14
RCW to read as follows: 15
The office is authorized to conduct prosecutions of deadly force 16
cases, including any incident involving use of deadly force by an 17
involved officer against or upon a person who is in custody or out of 18
custody. 19
Sec. 12. RCW 43.102.050 and 2024 c 64 s 2 are each amended to 20
read as follows: 21
(1) The director shall: 22
(a) Oversee the duties and functions of the office ((and)), 23
investigations, and prosecutions conducted by the office pursuant to 24
this chapter; 25
(b) Hire or contract with investigators , prosecutors, and other 26
personnel as the director considers necessary to perform 27
investigations and prosecutions conducted by the office, and other 28
duties as required, under this chapter; 29
(c) Plan and provide trainings for office personnel, including 30
contracted investigators, that promote recognition of and respect 31
for, the diverse races, ethnicities, and cultures of the state;32
(d) Plan and provide training for advisory board members 33
including training to utilize an antiracist lens in their duties as 34
advisory board members; 35
(e) Publish reports of investigations conducted under this 36
chapter; 37
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(f) Enter into contracts and memoranda of understanding as 1
necessary to implement the responsibilities of the office under this 2
chapter; 3
(g) Adopt rules in accordance with chapter 34.05 RCW and perform 4
all other functions necessary and proper to carry out the purposes of 5
this chapter; 6
(h) Develop the nondisclosure agreement required in RCW 7
43.102.130; and 8
(i) Perform the duties and exercise the powers that are set out 9
in this chapter, as well as any additional duties and powers that may 10
be prescribed. 11
(2) No later than February 1, 2022, in consultation with the 12
advisory board, the director shall develop a plan to implement:13
(a) Regional investigation teams and a system for promptly 14
responding to incidents of deadly force under the jurisdiction of the 15
office. The regional investigation teams should: 16
(i) Allow for prompt response to the incident requiring 17
investigation; and 18
(ii) Include positions for team members who are not required to 19
be designated as limited authority Washington peace officers;20
(b) A system and requirements for involved agencies to notify the 21
office of any incident under the jurisdiction of the office, which 22
must include direction to agencies as to what incidents of force and 23
injuries and other circumstances must be reported to the office, 24
including the timing of such reports, provided that any incident 25
involving substantial bodily harm, great bodily harm, or death is 26
reported to the office immediately in accordance with RCW 43.102.120;27
(c) The process to conduct investigations of cases under the 28
jurisdiction of the office including, but not limited to:29
(i) The office intake process following notification of an 30
incident by an involved agency; 31
(ii) The assessment and response to the notification of the 32
incident by the office, including direction to and coordination with 33
the independent investigation team; 34
(iii) Determination and deployment of necessary resources for the 35
regional investigation teams to conduct the investigations;36
(iv) Determination of any conflicts with office investigators or 37
others involved in the investigation to ensure no investigator has an 38
existing conflict with an assigned case; 39
(v) Protocol and direction to the involved agency;40
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(vi) Protocol and direction to the independent investigation 1
team; 2
(vii) Protocol and guidelines for contacts and engagement with 3
the involved agency; and 4
(viii) Protocol for finalizing the completed investigation and 5
referral to the ((entity responsible for the prosecutorial decision )) 6
independent prosecutor and local prosecuting attorney , including 7
communication with the family and public regarding the completion of 8
the investigation; 9
(d) A plan for the office's interaction, communications, and 10
responsibilities to: The involved officer; the individual who is the 11
subject of the action by the involved officer that is the basis of 12
the case under investigation, and their families; the public; and 13
other interested parties or stakeholders. The plan must consider the 14
following: 15
(i) A process for consultation, notifications, and communications 16
with the person, family, or representative of any person who is the 17
subject of the action by the involved officer that is the basis of 18
the case under investigation; 19
(ii) Translation services which may be utilized through employees 20
or contracted services; 21
(iii) Support to access assistance or services to the extent 22
possible; and 23
(iv) A process for situations in which a tribal member is 24
involved in the case that ensures consultation with the federally 25
recognized tribe, and notification of the governor's office of Indian 26
affairs within 24 hours in cases of deadly use of force;27
(e) Training for employees and contractors of the office to begin 28
prior to July 1, 2022; and 29
(f) Prioritization of cases for investigation.30
(3) No later than December 1, 2025, in consultation with the 31
advisory board, the director shall develop a proposal for training 32
individuals who are nonlaw enforcement officers to conduct competent, 33
thorough investigations of cases under the jurisdiction of the 34
office. The proposal must establish a training plan with an objective 35
that within five years of the date the office begins investigating 36
deadly force cases the cases will be investigated by nonlaw 37
enforcement officers. The director shall report such proposal to the 38
governor and legislature by December 1, 2025. Any proposal offered by 39
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the director must ensure investigations are high quality, thorough, 1
and competent. 2
(4) The director, in consultation with the advisory board, shall 3
implement a plan to review prior investigations of deadly force by an 4
involved officer if new evidence is brought forth that was not 5
included in the initial investigation and investigate if determined 6
appropriate based on the review. The director must prioritize the 7
review or investigation of prior investigations based on resources 8
and other cases under investigation with the office. Incidents 9
occurring after the date the office begins investigating cases will 10
receive the highest priority for investigation. 11
Sec. 13. RCW 43.102.060 and 2021 c 318 s 305 are each amended to 12
read as follows: 13
(1) The director may employ, or enter into contracts with, 14
personnel as he or she determines necessary for the proper discharge 15
of his or her duties. The director must request input from the 16
advisory board on the hiring process and hiring goals, including 17
diversity. 18
(2) The director may employ, or enter into contracts with, 19
investigators to conduct investigations of cases under the 20
jurisdiction of the office. 21
(a) The director shall consider the relevant experience and 22
qualifications of the candidate including the extent to which he or 23
she demonstrates experience or understanding of the following areas:24
(i) Extensive experience with criminal investigations, including 25
homicide investigations; 26
(ii) Behavioral health issues; 27
(iii) Youth cognitive development; 28
(iv) Trauma-informed interviewing; 29
(v) De-escalation techniques and utilization; and30
(vi) Knowledge of Washington practices, including laws, policies, 31
and procedures related to criminal law, criminal investigations, and 32
policing. 33
(b) The director shall consider the following prior to employing 34
an investigator: 35
(i) The investigators should not be commissioned law enforcement 36
officers employed with any law enforcement agency as a peace officer 37
at the time of application with the office. 38
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(A) If the individual considered for a position as an 1
investigator was a prior law enforcement officer, the director must 2
conduct a review of prior disciplinary actions or complaints related 3
to bias. 4
(B) The individual should not have been a commissioned law 5
enforcement officer within 24 months of the date of the application 6
for service as an investigator; and 7
(ii) The results of a background check that includes research of 8
social media and affiliations to check for racial bias and conflicts 9
of interest. 10
(c) Investigators employed or contracted with the office are 11
prohibited from being simultaneously employed, commissioned, or have 12
any business relationship, other than through the work of the office, 13
with a general authority or limited authority Washington law 14
enforcement agency, or county or city corrections agency.15
(d) The director may not employ an individual who was a 16
previously commissioned law enforcement officer who does not meet the 17
criteria of this section without the approval of a majority of the 18
advisory board. 19
(3) The director may employ or enter into contracts for services 20
to provide additional personnel as needed to conduct investigations 21
of cases under the jurisdiction of the office including, but not 22
limited to, the following: 23
(a) Forensic services and crime scene investigators;24
(b) Liaisons for community, family, and relations with a 25
federally recognized tribe; 26
(c) Analysts, including analysts to conduct evaluations on use of 27
force data; 28
(d) Mental health experts; 29
(e) Bilingual staff, translators, or interpreters;30
(f) Other experts as needed; and 31
(g) All staffing and other needs for the office.32
(4) The independent prosecutor may employ or enter into contracts 33
with persons or entities as they determine necessary for the proper 34
discharge of the duties prescribed to the independent prosecutor 35
pursuant to this chapter.36
(5) The independent prosecutor may employ assistant independent 37
prosecutors, or appoint and contract with special assistant 38
independent prosecutors, to preform or review and prosecute charged 39
offenses.40
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(6) The director shall ensure the following training is provided 1
to staff and that there is a regular schedule for additional 2
trainings during the course of employment: 3
(a) The director shall ensure that the director and staff 4
involved in investigations and prosecutions, including any contracted 5
investigators or prosecutors , engage in trainings that include the 6
following areas. A training may include more than one of the 7
following areas per training. A separate training course is not 8
required for each topic. 9
(i) History of racism in policing, including tribal sovereignty 10
and history of Native Americans within the justice system;11
(ii) Implicit and explicit bias training; 12
(iii) Intercultural competency; 13
(iv) The use of a racial equity lens in conducting the work of 14
the office; 15
(v) Antiracism training; and 16
(vi) Undoing institutional racism. 17
(b) The director shall ensure that investigators engage in the 18
following training. A training may include more than one of the 19
following areas per training. A separate training course is not 20
required for each topic. 21
(i) Criminal investigations, including homicide investigations as 22
appropriate for the assigned positions; 23
(ii) Washington practices, including Washington laws and 24
policies, as well as relevant policing practices as appropriate;25
(iii) Interviewing techniques; and 26
(iv) Other relevant trainings as needed. 27
Sec. 14. RCW 43.102.080 and 2024 c 64 s 3 are each amended to 28
read as follows: 29
(1) The office has jurisdiction over, and is authorized to 30
conduct investigations and prosecutions of, all cases and incidents 31
as established within this section. 32
(2)(a) The director may cause an investigation to be conducted 33
into any incident: 34
(i) Of a use of deadly force by an involved officer occurring 35
after July 1, 2022, including any incident involving use of deadly 36
force by an involved officer against or upon a person who is in-37
custody or out-of-custody; or 38
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(ii) Involving prior investigations of deadly force by an 1
involved officer if new evidence is brought forth that was not 2
included in the initial investigation. 3
(b) This section applies only if, at the time of the incident:4
(i) The involved officer was on duty; or 5
(ii) The involved officer was off duty but: 6
(A) Engaged in the investigation, pursuit, detention, or arrest 7
of a person or otherwise exercising the powers of a general authority 8
or limited authority Washington peace officer; or 9
(B) The incident involved equipment or other property issued to 10
the official in relation to his or her duties. 11
(3) The director shall determine prioritization of investigations 12
based on resources and other criteria which may be established in 13
consultation with the advisory board. The director shall ensure that 14
incidents occurring after the date the office begins investigating 15
cases receive the highest priority for investigation.16
(4) The investigation should include a review of the entire 17
incident, including but not limited to events immediately preceding 18
the incident that may have contributed to or influenced the outcome 19
of the incident that are directly related to the incident under 20
investigation. 21
(5) Upon receiving notification required in RCW 43.102.120 of an 22
incident under the jurisdiction of the office, the director:23
(a) May cause the incident to be investigated in accordance with 24
this chapter; 25
(b) May determine investigation is not appropriate for reasons 26
including, but not limited to, the case not being in the category of 27
prioritized cases; or 28
(c) If the director determines that the incident is not within 29
the office's jurisdiction to investigate, the director shall decline 30
to investigate, and shall give notice of the fact to the involved 31
agency. 32
(6) If the director determines the case is to be investigated the 33
director will communicate the decision to investigate to the involved 34
agency and will thereafter be the lead investigative body in the case 35
and have priority over any other state or local agency investigating 36
the incident or a case that is under the jurisdiction of the office. 37
The director will implement the process developed pursuant to RCW 38
43.102.050 and conduct the appropriate investigation in accordance 39
with the process. 40
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(7) In conducting the investigation the office shall have access 1
to, and copies of, reports and information necessary or related to 2
the investigation in the custody and control of the involved agency, 3
911 emergency communication centers, and any law enforcement agency 4
responding to the scene of the incident as soon as possible. This 5
includes, but is not limited to, voice or video recordings, body 6
camera recordings, and officer notes, as well as disciplinary and 7
administrative records except those that might be statements 8
conducted as part of an administrative investigation related to the 9
incident. 10
(8) The investigation shall be concluded within 120 days of 11
acceptance of the case for investigation. If the office is not able 12
to complete the investigation within 120 days, the director shall 13
report to the advisory board the reasons for the delay.14
Sec. 15. RCW 43.102.130 and 2021 c 318 s 501 are each amended to 15
read as follows: 16
(1)(a) There is created the office of independent investigations 17
and prosecutions advisory board. The advisory board shall consist of 18
the following ((11)) (13) members, appointed by the governor, one of 19
whom the governor shall designate as chair: 20
(i) Three members of the general public representing the 21
community who are not current or former law enforcement, with 22
preference given to individuals representing diverse communities;23
(ii) ((One member )) Two members of the general public 24
representing a family impacted by an incident of the nature under the 25
jurisdiction of the office, who is not current or former law 26
enforcement; 27
(iii) One member representing a federally recognized tribe in 28
Washington, who is not current or former law enforcement;29
(iv) One defense attorney representative; 30
(v) ((One)) Two prosecuting attorney ((representative)) 31
representatives; 32
(vi) One representative of a police officer labor association 33
with experience in homicide investigations; 34
(vii) One sheriff or police chief who is also a member of an 35
independent investigation team; 36
(viii) One credentialed mental health expert who is not current 37
or former law enforcement; and 38
(ix) One member of the criminal justice training commission.39
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(b) The members of the advisory board appointed by the governor 1
shall be appointed for terms of three years and until their 2
successors are appointed and confirmed. The governor shall stagger 3
the initial appointment terms of the advisory board members with the 4
terms of five members being for two years from the date of 5
appointment and six members being for three years from the date of 6
appointment. The governor shall designate the appointees who will 7
serve the two-year and three-year terms. The members of the advisory 8
board serve without compensation, but must be reimbursed for travel 9
expenses as provided in RCW 43.03.050 and 43.03.060.10
(c) The governor, when making appointments to the advisory board, 11
shall make appointments that reflect the cultural diversity of the 12
state of Washington. 13
(2) The purpose of the advisory board is to provide input to the 14
office and shall: 15
(a) Provide input to the governor on the selection of the 16
director, including providing candidates for consideration for 17
appointment for the position of director. If the governor requests 18
additional candidates for consideration, the advisory board shall 19
provide additional candidates to the governor. If the governor 20
provides an alternative candidate, the advisory board must consider 21
the candidate provided by the governor and vote on the approval or 22
rejection of the candidate. 23
(i) The advisory board shall recommend candidates to the governor 24
who they find are individuals with sound judgment, independence, 25
objectivity, and integrity who will be viewed as a trustworthy 26
director. 27
(ii) The director must have experience either in conducting 28
criminal investigations or prosecutions. The advisory board shall 29
consider the relevant experience and qualifications of the candidate 30
including the extent to which they demonstrate experience or 31
demonstrated understanding of the following areas:32
(A) Criminal investigations; 33
(B) Organizational leadership; 34
(C) Mental health issues; 35
(D) Trauma-informed interviewing; 36
(E) Community leadership; 37
(F) Legal experience or background; 38
(G) Antioppression and antiracist analysis and addressing 39
systemic inequities; and 40
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(H) Working with black, indigenous, and communities of color;1
(b) Provide input to the director on the plans required to be 2
developed for the office including the regional investigation teams; 3
staffing; training for personnel; procedures for engagement with 4
individuals involved in any case under the jurisdiction of the 5
office, as well as families and the community; recommendations to the 6
legislature; and other input as requested by the governor or 7
director; 8
(c) Participate in employment interviews as requested by the 9
governor or director; and 10
(d) Receive briefings or reports from the director relating to 11
data, trends, and other relevant issues, as well as cases under 12
investigation to the extent permitted by law. 13
(3) Advisory board members have a duty to maintain the 14
confidentiality of the information they receive during the course of 15
their work on the advisory board. Each advisory board member shall 16
agree in writing to not disclose any information they receive or 17
otherwise access related to an investigation, including information 18
about individuals involved in the investigation as involved officers, 19
individuals who are the subject of police action, witnesses, and 20
investigators. 21
(4) Advisory board members must complete training to utilize an 22
antiracist lens in their duties as advisory board members.23
(5) The office shall provide administrative and clerical 24
assistance to the advisory board. 25
Sec. 16. RCW 43.10.090 and 2009 c 549 s 5051 are each amended to 26
read as follows: 27
(1) Upon the written request of the governor, the attorney 28
general shall investigate violations of the criminal laws within this 29
state. 30
If, after such investigation, the attorney general believes that 31
the criminal laws are improperly enforced in any county, and that the 32
prosecuting attorney of the county has failed or neglected to 33
institute and prosecute violations of such criminal laws, either 34
generally or with regard to a specific offense or class of offenses, 35
the attorney general shall direct the prosecuting attorney to take 36
such action in connection with any prosecution as the attorney 37
general determines to be necessary and proper. 38
p. 16 HB 1740
If any prosecuting attorney, after the receipt of such 1
instructions from the attorney general, fails or neglects to comply 2
therewith within a reasonable time, the attorney general may initiate 3
and prosecute such criminal actions as he or she shall determine. In 4
connection therewith, the attorney general shall have the same powers 5
as would otherwise be vested in the prosecuting attorney.6
From the time the attorney general has initiated or taken over a 7
criminal prosecution, the prosecuting attorney shall not have power 8
or authority to take any legal steps relating to such prosecution, 9
except as authorized or directed by the attorney general.10
(2) Upon the request of the governor, the office of independent 11
investigations and prosecutions shall investigate and prosecute use 12
of deadly force by an involved officer cases and other cases under 13
the jurisdiction of the office including appeals and requests for 14
postconviction relief.15
NEW SECTION. Sec. 17. If any provision of this act or its 16
application to any person or circumstance is held invalid, the 17
remainder of the act or the application of the provision to other 18
persons or circumstances is not affected.19
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