Peace officer use of force

AN ACT Relating to the standard used to evaluate the 1
reasonableness of a peace officer's use of force; reenacting and 2
amending RCW 10.120.020; creating a new section; and declaring an 3
emergency. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. In 2021, the legislature passed Engrossed 6
Second Substitute House Bill No. 1310 (chapter 324, Laws of 2021), 7
with the intent of establishing a uniform statewide standard for use 8
of force by peace officers. In 2022, the legislature passed Engrossed 9
Substitute House Bill No. 2037 (chapter 80, Laws of 2022), with the 10
intent of providing further clarification and guidance to police 11
agencies and the public. However, since these provisions were 12
enacted, the complexities and nuances of police practices and 13
applicable laws, both in statute and common law, have posed 14
implementation challenges for some police agencies and peace 15
officers.16
Therefore, the legislature intends to provide clarification and 17
guidance to police agencies and the public by codifying an objective 18
reasonableness standard for evaluating the use of force by peace 19
officers, based on the United States supreme court decision in Graham 20
v. Connor, 490 U.S. 386 (1989). This standard reflects national best 21
H-2849.1
HOUSE BILL 2541
State of Washington 69th Legislature 2026 Regular Session
By Representative Hackney
Read first time 01/16/26. Referred to Committee on Community Safety.
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practices developed and supported by police leaders across the 1
nation. Moreover, this standard strikes the appropriate balance 2
between the safety and rights of the public and the peace officers 3
who serve to protect us, and the right of the people to be secure in 4
their persons against unreasonable searches and seizures.5
Sec. 2. RCW 10.120.020 and 2022 c 80 s 3 and 2022 c 4 s 3 are 6
each reenacted and amended to read as follows: 7
(1) PHYSICAL FORCE. Except as otherwise provided under this 8
section, a peace officer may use physical force against a person to 9
the extent necessary to: 10
(a) Protect against a criminal offense when there is probable 11
cause that the person has committed, is committing, or is about to 12
commit the offense; 13
(b) Effect an arrest; 14
(c) Prevent an escape as defined under chapter 9A.76 RCW;15
(d) Take a person into custody, transport a person for evaluation 16
or treatment, or provide other assistance under chapter 10.77, 71.05, 17
or 71.34 RCW; 18
(e) Take a minor into protective custody when authorized or 19
directed by statute; 20
(f) Execute or enforce a court order authorizing or directing a 21
peace officer to take a person into custody; 22
(g) Execute a search warrant; 23
(h) Execute or enforce an oral directive issued by a judicial 24
officer in the courtroom or a written order where the court expressly 25
authorizes a peace officer to use physical force to execute or 26
enforce the directive or order; ((or))27
(i) Prevent a person from fleeing or stop a person who is 28
actively fleeing a lawful temporary investigative detention, provided 29
that the person has been given notice that he or she is being 30
detained and is not free to leave; 31
(j) Take a person into custody when authorized or directed by 32
statute; or 33
(k) Protect against an imminent threat of bodily injury to the 34
peace officer, another person, or the person against whom force is 35
being used. 36
(2) DEADLY FORCE. Except as otherwise provided under this 37
section, a peace officer may use deadly force against another person 38
only when necessary to protect against an immediate threat of serious 39
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physical injury or death to the officer or another person. For 1
purposes of this subsection: "Immediate threat of serious physical 2
injury or death" means that, based on the totality of the 3
circumstances, it is objectively reasonable to believe that a person 4
has the present and apparent ability, opportunity, and intent to 5
immediately cause death or serious bodily injury to the peace officer 6
or another person. 7
(3) REASONABLE CARE. A peace officer shall use reasonable care 8
when determining whether to use physical force or deadly force and 9
when using any physical force or deadly force against another person. 10
To that end, a peace officer shall: 11
(a) When possible, use all de-escalation tactics that are 12
available and appropriate under the circumstances before using 13
physical force; 14
(b) When using physical force, use the least amount of physical 15
force necessary to overcome resistance under the circumstances. This 16
includes a consideration of the characteristics and conditions of a 17
person for the purposes of determining whether to use force against 18
that person and, if force is necessary, determining the appropriate 19
and least amount of force possible to effect a lawful purpose. Such 20
characteristics and conditions may include, for example, whether the 21
person: Is visibly pregnant, or states that they are pregnant; is 22
known to be a minor, objectively appears to be a minor, or states 23
that they are a minor; is known to be a vulnerable adult, or 24
objectively appears to be a vulnerable adult as defined in RCW 25
74.34.020; displays signs of mental, behavioral, or physical 26
impairments or disabilities; is experiencing perceptual or cognitive 27
impairments typically related to the use of alcohol, narcotics, 28
hallucinogens, or other drugs; is suicidal; has limited English 29
proficiency; or is in the presence of children; 30
(c) Terminate the use of physical force as soon as the necessity 31
for such force ends; 32
(d) When possible, use less lethal alternatives that are 33
available and appropriate under the circumstances before using deadly 34
force; and 35
(e) Make less lethal alternatives issued to the officer 36
reasonably available for his or her use. 37
(4) A peace officer may not use any force tactics prohibited by 38
applicable departmental policy, this chapter, or otherwise by law, 39
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except to protect his or her life or the life of another person from 1
an imminent threat. 2
(5) Nothing in this section: 3
(a) Limits or restricts a peace officer's authority or 4
responsibility to perform lifesaving measures or perform community 5
caretaking functions to ensure health and safety including, but not 6
limited to, rendering medical assistance, performing welfare checks, 7
or assisting other first responders and medical professionals;8
(b) Prevents a peace officer from responding to requests for 9
assistance or service from first responders, medical professionals, 10
behavioral health professionals, social service providers, designated 11
crisis responders, shelter or housing providers, or any member of the 12
public; 13
(c) Permits a peace officer to use physical force or deadly force 14
in a manner or under such circumstances that would violate the United 15
States Constitution or state Constitution; or 16
(d) Prevents a law enforcement agency or political subdivision of 17
this state from adopting policies or standards with additional 18
requirements for de-escalation and greater restrictions on the use of 19
physical and deadly force than provided in this section.20
(6) For the purposes of this chapter, whether a peace officer's 21
use of force is reasonable shall be based on an objective evaluation 22
of whether, in light of the totality of the circumstances, a 23
similarly situated reasonable officer would have acted similarly, 24
without regard to the peace officer's underlying intent or 25
motivation, as provided in Graham v. Connor, 490 U.S. 386 (1989).26
NEW SECTION. Sec. 3. This act is necessary for the immediate 27
preservation of the public peace, health, or safety, or support of 28
the state government and its existing public institutions, and takes 29
effect immediately.30
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