Law enf. misconduct

AN ACT Relating to strengthening and clarifying the authority of 1
the attorney general to address local law enforcement and local 2
corrections agency misconduct through investigations and legal 3
actions; adding new sections to chapter 43.10 RCW; and creating a new 4
section. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The state of Washington and its 7
subdivisions undertake to protect the safety of individuals and to 8
preserve public peace by employing peace officers who are entrusted 9
with the power to arrest, detain, and use force against individuals 10
suspected of violating criminal statutes, and local corrections 11
officers who are responsible for the custody, safety, and security of 12
incarcerated individuals. The legislature recognizes that systemic 13
abuses of this power, such as repeated officer misconduct in using 14
excessive force; unlawful stops, searches, or arrests; discriminatory 15
practices that violate the rights of people in Washington; and the 16
provision of substandard conditions of confinement and inadequate 17
medical care to detainees and prisoners, harm public safety, hinder 18
effectiveness, and decrease trust in law enforcement and corrections 19
agencies.20
S-0257.1
SENATE BILL 5066
State of Washington 69th Legislature 2025 Regular Session
By Senators Hansen, Lovick, Wellman, Trudeau, Hasegawa, Saldaña,
Frame, Nobles, Pedersen, Salomon, and Valdez
Prefiled 12/16/24. Read first time 01/13/25. Referred to Committee
on Law & Justice.
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It is the intent of the legislature to clarify existing authority 1
and authorize the attorney general's office to investigate and, if 2
necessary, bring suit against law enforcement agencies and local 3
corrections agencies to compel needed reforms where there are 4
violations of constitutional and civil rights, in order to promote 5
effective and constitutional policing, detention, and incarceration 6
practices across the state, provide significant, systemic relief and 7
transparency, increase community confidence in law enforcement and 8
corrections agencies, and improve officer and agency accountability 9
with respect to policing, detention, and incarceration practices.10
This state level authority is not intended to address isolated 11
acts of misconduct or to hold individual officers liable for 12
misconduct. This state authority is necessary to promote a consistent 13
level of quality policing for all Washingtonians. This act does not 14
preempt, limit, diminish, or otherwise affect any other cause of 15
action or appropriate remedy authorized by state or federal law.16
NEW SECTION. Sec. 2. The definitions in this section apply 17
throughout this act unless the context clearly requires otherwise.18
(1) "Local corrections agency" means any county, city, or local 19
agency providing or otherwise responsible for the custody, safety, 20
and security of adults or juveniles incarcerated in correctional, 21
jail, or detention facilities. "Local corrections agency" does not 22
include the Washington department of corrections or any other agency, 23
department, or division of state government. 24
(2) "Local corrections officer" means any employee, whether part 25
time or full time, of a county, city, or local jail, correctional, or 26
detention facility who is responsible for the custody, safety, and 27
security of adult or juvenile persons confined in the facility.28
(3) "Local law enforcement agency" means any agency, department, 29
or division of a municipal corporation, political subdivision, or 30
other unit of local government of this state, having as its primary 31
function the detection and apprehension of persons committing 32
infractions or violating the traffic or criminal laws in general, or 33
having as one of its functions the apprehension or detection of 34
persons committing infractions or violating the traffic or criminal 35
laws relating to limited subject areas. "Local law enforcement 36
agency" does not include the Washington state patrol or any other 37
agency, department, or division of state government.38
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(4) "Peace officer" includes any "general authority Washington 1
peace officer," "limited authority Washington peace officer," and 2
"specially commissioned Washington peace officer" of any county, 3
city, town, or municipal corporation as those terms are defined in 4
RCW 10.93.020. 5
NEW SECTION. Sec. 3. (1) As a matter of state interest and 6
public concern under RCW 43.10.030(1), the attorney general may:7
(a) Investigate a local law enforcement agency or local 8
corrections agency, as defined in section 2 of this act, for a 9
violation of the Washington state Constitution or state law, 10
including where insufficient accountability systems, training, and 11
policies at the agency lead to such violations; 12
(b) Bring an action against a local law enforcement agency or 13
local corrections agency, as defined in section 2 of this act, for 14
violations of the Washington state Constitution or state law pursuant 15
to an investigation. In the discretion of the court, the attorney 16
general may recover the costs of the action including reasonable 17
attorneys' fees if the attorney general prevails in the action.18
(2) The attorney general's power under this section includes the 19
authority to: 20
(a) Investigate violations under subsection (1) of this section 21
on its own initiative or in response to investigations or reports 22
from independent oversight bodies; 23
(b) Issue written civil investigative demands for documents and 24
oral testimony, and answers to written interrogatories; and25
(c) Institute civil actions in the courts for injunctive or 26
declaratory relief, damages, costs, and reasonable attorneys' fees.27
(3) At the initiation of a formal investigation, the attorney 28
general shall: 29
(a) Confer with the United States department of justice to ensure 30
that law enforcement resources are being used efficiently and that 31
there are no conflicts with any independent investigations by the 32
United States department of justice. In any investigation or action 33
brought under this section against a local law enforcement agency or 34
local corrections agency that is subject to an investigation by the 35
United States department of justice, the attorney general shall not 36
seek any relief or remedies that are in conflict with the federal 37
action. The attorney general may not bring a civil action against a 38
local law enforcement agency or local corrections agency under this 39
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section concurrent to any civil actions by the United States 1
department of justice; 2
(b) Send a letter to the local law enforcement agency or local 3
corrections agency (i) explaining why the office seeks to conduct an 4
investigation, what information is being sought, and how the office 5
intends to investigate, and (ii) requesting to meet to discuss the 6
investigation. 7
(4) If an investigation is initiated, the attorney general shall 8
confer with: 9
(a) The local law enforcement agency or local corrections agency 10
in an attempt to clarify and remedy the alleged violations;11
(b) The office of independent investigations to ensure that any 12
investigation under this section will not interfere with or impede an 13
ongoing investigation being conducted by the office of independent 14
investigations. 15
NEW SECTION. Sec. 4. Sections 2 and 3 of this act must be 16
liberally construed so that their beneficial and remedial purposes 17
may be served. If any provision of this act conflicts with any other 18
statute, ordinance, rule, or regulation of any public employer, the 19
provisions of this chapter control.20
NEW SECTION. Sec. 5. By September 1, 2026, the attorney general 21
shall develop and publish a model policy for law enforcement agency 22
accountability systems, specifying model practices for receiving 23
complaints of serious misconduct, conducting investigations of 24
serious misconduct, imposing discipline for serious misconduct, and 25
addressing disciplinary appeals. The model policy should promote 26
transparent and effective accountability systems that: Mete out fair, 27
impartial, and swift discipline commensurate to wrongdoing; reduce 28
officer misconduct; reduce barriers to accountability; and uphold the 29
civil and constitutional rights of members of the public. The model 30
policy shall be consistent with standards adopted in other attorney 31
general published model policies addressing policing practices, 32
including policies governing use of force, and reporting practices. 33
In developing this policy, the attorney general shall consult with 34
the criminal justice training commission, the office of independent 35
investigations, the state auditor's office, law enforcement agencies, 36
police unions, independent oversight bodies, city attorneys and 37
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county prosecutors, people impacted by police misconduct, policing 1
experts, and police accountability advocates. 2
NEW SECTION. Sec. 6. Sections 2 through 5 of this act are each 3
added to chapter 43.10 RCW.4
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