Above: The Washington State Capitol Building in Olympia on Friday. As daffodils begin to burst forth in the warm late January sunshine, organizers with the Black Alliance of Thurston County are wondering why their proposed legislation to clarify deadly force by law enforcement officers has not yet been introduced.
By Janine Gates
What’s taking so long? Draft legislation that proposes
to change the law governing the use of deadly force by law enforcement in
Washington State has not yet been introduced.
Little
Hollywood first wrote about this story on Monday, January 18,
http://janineslittlehollywood.blogspot.com/2016/01/changes-to-police-excessive-force-law.html
Washington State Representative Cindy Ryu
(pronounced Ree-oo), (D-32) was expected to be the prime sponsor and introduce
the bill last week.
On Friday, Little Hollywood was informed by Ryu's assistant that Representative Ryu decided earlier in the week not to prime sponsor the bill, and that Representative Luis Moscoso (D-1) was going to sponsor it. Attempts by Little Hollywood to meet or speak with Representative Moscoso on Friday were unsuccessful.
On Friday, Little Hollywood was informed by Ryu's assistant that Representative Ryu decided earlier in the week not to prime sponsor the bill, and that Representative Luis Moscoso (D-1) was going to sponsor it. Attempts by Little Hollywood to meet or speak with Representative Moscoso on Friday were unsuccessful.
Black Alliance of Thurston County organizers are
calling upon Speaker of the House Frank Chopp to allow
the legislation to be sponsored and referred to a committee.
The organization spearheaded the effort to clean up
language in the current law under RCW 9A.16.040 and provide clarity when the
use of deadly force is justifiable. They say that the main goal is to make sure
the use of deadly force is used in the context where the risk to the officer or
public is imminent and the use of deadly force is necessary.
The new language says, “The use of deadly force by a
public officer, peace officer, or person aiding is justifiable when the officer
reasonably believes that there is an imminent threat of death or serious bodily
injury to the officer or to a third party and that the deadly force is
necessary to prevent it….”
Several phrases are stricken from the law that may
cause an officer to be unclear in such a situation.
The phrase that an officer “shall not be held
criminally liable for using deadly force without malice and with a good faith
belief that such act is justifiable” is also deleted. That phrase is used in
Washington State as a defense against prosecution of an officer when the police
officer uses deadly force. The phrase is replaced by "reasonably
believes" which is a phrase found in the statutes of other states.
“Such clear guidance will benefit both law
enforcement officers and the communities they protect, and will result in a law
that upholds the role of law enforcement to maintain public safety and foster
accountability and public trust,” says the proposed legislation.
February 5 is the cutoff deadline for bills to be heard in their house of origin.
