Deadly Force by Law Enforcement Bill Passes House

Above: Washington State Representative Cindy Ryu (D-32) sits in the House Floor Chamber just before 9:00 a.m. on Tuesday morning. The House convened at 9:00 a.m., but immediately adjourned to caucus. Ryu prime sponsored HB 2908 that would create a task force to review current laws, practices and policies regarding the use of deadly force by law enforcement. The bill passed out of the Washington State House of Representatives on Tuesday afternoon on a 98-0 vote. The bill now goes to the Senate.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Engrossed Substitute House Bill 2908, which will create a task force to review current laws, practices and policies regarding the use of deadly force by law enforcement, passed out of the Washington State House of Representatives on Tuesday on a 98-0 vote.

The bill, sponsored by Representative Cindy Ryu (pronounced Ree-oo), (D-32), creates a joint legislative task force on the use of deadly force in community policing.

Parts of HB 2907, a bill written and promoted by the Black Alliance of Thurston County, were rolled into Ryu's bill on February 5 in the House Public Safety Committee. 

As the bill continued on its journey to the floor, amendments were added to refine the membership of the task force. As a result, representatives of the Northwest Immigration Rights Project, the Latino Civic Alliance, the Council of Metropolitan Police and Sheriffs, and liberty organizations were added.

“We are one step closer to creating a statewide culture that garners public trust, honors the role of law enforcement to justifiably maintain public safety, and creates accountability when they unnecessarily cross this line. We can only pray that our Senators value these same principles and pass this bill," said Dr. Karen A. Johnson, chair and co-founder of the Black Alliance of Thurston County.

ESHB 2908 will create a task force with a broad coalition including legislators, law enforcement, representatives from the criminal justice system, and members of advocacy organizations.

The task force will meet at least four times in 2016 and review current laws, practices and training programs regarding the use of deadly force, look at alternatives, and submit recommendations on what changes should be made to provide better protection for community members and law enforcement.

Speaking in support of the bill, Representative Brad Klippert, (R-8), thanked Representative Ryu, and law enforcement officers for their service.

“….I sincerely want to thank each and every one of my brothers and sisters who serve us in our communities and keep us safe….It's an extremely tough job that unless you've walked a mile in those shoes, you'll never understand the split-second decisions that they have to make over and over and over again. Obviously we always want to treat our citizens with fairness, with transparency, and with reasonableness….This is a good, reasonable bill….We want to have the best law enforcement agencies in the world right here in Washington State. I think we already have that, but if we can make it better, we want to do that….” said Klippert.

Representative Sam Hunt (D-22) extended his appreciation to the Black Alliance of Thurston County for all their efforts.

Tuesday was the last day bills could be heard in their house of origin. The bill now goes to the Senate.

Upcoming:

The Olympia Police Department and Black Alliance of Thurston County invites the community to gather on Wednesday, March 2 from 6:00 p.m. - 9 p.m. in the Commons at Capital High School, 2707 Conger Avenue NW, Olympia, to engage each other in conversation around institutional and structural racism.

“If you choose to attend, we will invite you to engage in conversations that create ownership, evoke commitment, value dissent, and treat each person as the gift they are. We will create awareness about what institutional and structural racism mean and, then, invite a few people to speak about their own experience, acting on the well-being of the whole community. You will be asked to engage in active listening as these brave souls tell their story. After the stories are told, we will invite you to contribute to conversations about the larger communal possibilities that have the potential to shift our collective experience,” said Karen Johnson in a press release.

Johnson recommends reading: http://madison365.com/index.php/2015/09/03/what-no-one-wants-to-talk-about-race-and-progressive-cities/

For more information about community conversations about racism, the Olympia Police Department, the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, body cameras, HB 2907 and HB 2908, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

Black Alliance Packs Hearing for Police Deadly Force Bill, HB 2907

Above: Dr. Karen Johnson, Black Alliance of Thurston County, testifies in support of HB 2907 before the House Public Safety committee chaired by Representative Roger Goodman (D-45) on Wednesday. 

Senator Fraser Sponsors SB 6621 Calling for Policing Task Force, Hearing Also on Wednesday

By Janine Gates

www.janineslittlehollywood.blogspot.com

The room was packed for a public hearing on Wednesday for HB 2907, which seeks to clarify state law governing the use of deadly force by police officers. The bill, spearheaded by the Black Alliance of Thurston County, was sponsored by Representative Luis Moscoso (D-1).

Washington State House Public Safety Committee Committee chair Representative Roger Goodman (D-45) said that 65 people signed up to testify. Only a handful was able to give their testimony, although he allowed the meeting to go 20 minutes longer than expected.

Most testified in support of the bill, with some, including the Washington Association of Prosecuting Attorneys, Washington Association of Sheriffs and Police Chiefs, and Concerns of Police Survivors, opposing or expressing concerns.

Dr. Karen Johnson, chair of the Black Alliance of Thurston County, presented an overview of how the group began its efforts just a few short months ago, and described her organization’s efforts to build a relationship with Olympia Police Chief Ronnie Roberts after the officer involved shooting of two African American young men in Olympia.

Johnson promoted the police department’s mission and strategic plan, and said the Black Alliance is eager to help the department garner the respect and trust of Olympia residents, and to make sure police get the training they need to begin changing the culture within the department.

Encouraged by her story, Representative Goodman praised Johnson’s efforts.

“...We have a lack of trust between communities and law enforcement, but it seems you’ve done a lot of work on a local level to bring people together….Who did you bring to the table and is there a template for what we could do on a state level?” he asked.

Johnson responded that it’s about communication and having courageous community conversations about racial bias and institutional racism with the police department, and exploring the experiences and questions around those themes.

She said Olympia’s next community conversation with the Olympia Police Department is scheduled for March 2.

“I think we’ve been doing an awful lot of talking to them, and it’s time we start listening to what they need from us,” said Johnson.

“I agree, I think we need to listen to the police,” responded Goodman.

Jamira Burley, with Amnesty International’s campaign on criminal justice and gun violence, spoke in support of the bill, saying that HB 2907 takes significant steps to provide needed clarity and accountability in regards to the use of lethal force by officers.

Burley said that the use of lethal force by police in the February 2015 case involving Antonio Zambrano-Montes, a farm laborer with a history of mental health issues who was shot and killed by police in Pasco, was inconsistent with international law and standards on the use of lethal force.

Lisa Daugaard, director of the Public Defender Association in Seattle, also spoke in support of the bill and described the 2010 killing of Seattle Native American woodcarver John T. Williams by a Seattle police officer.

“The Seattle Police Department itself concluded that the killing violated policy on use of force, the first time that had happened in decades. This was not a reasonable mistake – it was an unreasonable mistake, at best. Officer Birk was not reasonable in thinking he was under attack, and he was not reasonable in thinking deadly force was necessary to forestall any attack. This was widely accepted. If ever a killing by a police officer might be prosecuted as a crime under the current law, it seemed to most observers that it would be this one. And yet Ian Birk was not prosecuted…..”

“…For those who are uncomfortable with the approach taken in this bill: it’s time to offer an alternative solution that would have allowed a prosecution in Mr. Williams’ death. A group of concerned community leaders has done its best to propose a solution that is fair to officers and community members alike. If you are uncomfortable with this solution, please, identify another that will change outcomes in the most egregious of these cases,” said Daugaard.

Noah Seidel of Lacey who represents Self-Advocates in Leadership, a group of over 200 people with developmental disabilities, also spoke in support of the bill.

“Mental health problems is not the only kind of disability that people have had when killed by police officers. John T. Williams…was also partially deaf. When he was killed, the officer was behind him telling him to stop. Disability was a factor....We need to do a better job holding law enforcement accountable to keep people safe,” said Seidel.

Seidel said that, according to a 2013 report by the Treatment Advocacy Center and National Sheriffs’ Association, at least half of the people shot and killed by police between 1980 and 2008 in the United States had mental health problems.

Rick Williams, the older brother of John T. Williams, also spoke.

“For five years all this talking and no action…He (Officer Birk) gets a free pass. Why is this guy still walking free? It’s not right…I can’t get my brother back but I can help people stand up for him. Somebody has got to it do because this is all wrong,” said Williams.

The committee also heard testimony about HB 2908, which creates a 13 member joint legislative task force on community policing standards. The bill’s prime sponsor, Representative Cindy Ryu, (D-32), spoke to her bill.

James McMahon, policy director with the Washington Association of Sheriffs and Police Chiefs, did not necessarily oppose the bill, but suggested that more data be gathered first before a task force begins to discuss the issue.

Senator Fraser Sponsors SB 6621 Calling for Policing Task Force, Hearing Also on Wednesday

Above: Rick Williams, seated, Jay Westwind Wolf, a Mohegan Tribal member who is also on the Seattle Community Police Commission, Karen Johnson of the Black Alliance of Thurston County, and Thelma Jackson, also of the Black Alliance of Thurston County, gather just before the Senate Law and Justice Committee heard SB 6621, sponsored by Senator Karen Fraser (D-22).

Later on Wednesday, SB 6621 was heard by the Senate Law and Justice Committee, chaired by Senator Mike Padden (R-4).

SB 6621, sponsored by Senator Karen Fraser (D-22), creates a 22 member task force on policing and the use of deadly force convened by the Washington State Institute for Public Policy. It contains several directives and would provide recommendations to the Legislature related to statute changes related to the use of deadly force by an officer. The task force would report its findings and provide recommendations to the governor by December 1, 2016.

Fraser spoke to her bill and said it was written in cooperation with the Black Alliance of Thurston County.

Acknowledging the task force proposed in HB 2908, Fraser said, “I’m not wedded to how we structure the task force…but the core idea is to bring the relevant people together to talk about this and how we want to move ahead in the future….We need all the right people involved in this,” she said.

Similar to his testimony for HB 2908, James McMahon, policy director, Washington Association of Sheriffs and Police Chiefs, expressed concerns about the bill and would like data to be collected on the use of force before a task force is formed.

Craig Bulkley, president of the Washington Council of Police and Sheriffs, also expressed concerns, saying that a problem has not been identified with the current statute, data needs to be collected, and the bill does not have a means to do that. He said that according to the FBI, 107 officers have been killed nationally in the line of duty, and 49,851 were assaulted in 2013.

In Washington State, 16 people were shot and killed by law enforcement in 2015. According to research by The Seattle Times, there were 213 Washington State police related fatalities between 2004 – 2014.

In 2015, the Guardian newspaper tracked the number of deaths in the United States due to interactions with law enforcement, documenting 1,015 people killed by police using firearms. Of that total, 25.6% of those killed were African American and 17.5% were Latino. More than 10% - 107 individuals - were unarmed when they were shot and killed by police.

For more information about the HB 2907, Amnesty International's Report on Deadly Force, the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, body cameras, and other police related issues in Olympia, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button. 

Police Deadly Force Bill Has Number, Community Policing Bill Also Introduced

Two bills were introduced to the Washington State Legislature on Wednesday. One would amend Washington State law governing the use of deadly force by law enforcement, and the other would establish a joint legislative task force on community policing standards.

Above: Artwork made of welded metal and found objects by John Vanek entitled Justice For All was gifted to the City of Olympia and is installed at the Lee Creighton Justice Center, the site of Olympia's former city hall. 

By Janine Gates

www.janineslittlehollywood.blogspot.com

Proposed legislation to amend Washington State law governing the use of deadly force by law enforcement was introduced Wednesday morning to the Washington State Legislature as HB 2907.

The bill is prime sponsored by Representative Luis Moscoso (D-1), and co-sponsored by five others, including Olympia area Representatives Sam Hunt and Chris Reykdal (D-22).

The bill has been referred to the House Public Safety Committee for a hearing and can be read here:  http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/House%20Bills/2907.pdf

Community Policing Standards Legislation Introduced

Another bill on Wednesday was introduced, HB 2908, that establishes a 13 member joint legislative task force on community policing standards. Representative Cindy Ryu (pronounced Ree-oo), (D- 32), is the prime sponsor.

The bill has been referred to the House Public Safety Committee and can be read here: http://app.leg.wa.gov/billinfo/summary.aspx?bill=2908&year=2015.

In part, HB 2908 reads, “The legislature acknowledges that officers are often placed in harm’s way and must make decisions quickly while under extreme stress. Although regrettable in every case, the use of deadly force may sometimes be necessary to protect the safety of others. The legislature also recognizes that both the people of this state and law enforcement officers themselves rely on and expect accountability, the failure of which damages the public trust in those who serve the public honorably and with compassion.

“The legislature finds that the law of deadly force in Washington provides absolute protection for law enforcement in virtually all instances, above and beyond that which is reasonable and justifiable....It is the intent of the legislature to improve our deadly force law….”

The bill proposes to create the joint legislative task force to review known data regarding the use of deadly force by officers, review proposals and modifications to RCW 9A.16.040, evaluate the availability of body cameras and similar tools, review current police training curriculum and practices, evaluate public confidence in community policing practices and use of force policies in Washington and produce a preliminary report on its findings to Governor Jay Inslee by December 1, 2016.

Karen Johnson, chair of the Black Alliance of Thurston County, was pleased today about the introduction of the two bills.

“The Black Alliance of Thurston County sees supporting both bills as an opportunity because, as we know, changing the use of deadly force law is the strong foundation upon which all of the other systemic changes (data collection when civilians die at the hand of police officers, body cameras, implict/explicit bias, de-escalation training and the like) is built,” said Johnson.

“Let us build a strong foundation. We believe the more strategic, intentional, and collaborative we can be, the better. Please endorse HB 2907 and HB 2908. As Dr. King said, “the time is always ripe to do right,” she said.

According to a press release by the Black Alliance, thirty two local, regional, and statewide organizations to date have endorsed HB 2907: 

A. Philip Randolph Institute, Seattle Chapter, Art Forces, Behavioral Health and Wellness, the Black Student Union of The Evergreen State College (Tacoma Campus), Center for Justice, Church Council of Greater Seattle, Faith Action Network, Families United Against Hate, Interfaith Works, John T. Williams Organizing Coalition, Justice Not Jails, Latino Civic Alliance, League of Women Voters - Thurston County, Mothers for Police Accountability, Olympia Chapter of the Japanese American Citizens League, Olympia Coalition to Reform Deadly Force, Peace and Justice Action League of Spokane, Point Defiance Aids Projects/North American Syringe Exchange Network, Risen Faith Fellowship, Seattle Chapter of the National Association for the Advancement of Colored People (NAACP), Self Advocates in Leadership, Spokane NAACP, Standing Up to Racism, Tacoma-Pierce County Black Collective, The Arc of Washington State, The Justice Coalition of the Olympia Unitarian Universalist Congregation, The United Churches of Olympia, Washington State Commission on African American Affairs, Washington State Commission on Hispanic Affairs, Washington State Independent Living Council, Washington State National Organization for Women, and the YWCA Olympia.

Editor's Note, January 28: HB 2907 was going to the Judiciary Committee as originally stated in this article. It was then referred to the House Public Safety Committee. For up to date information and to track all bills, go to www.leg.wa.gov

For more information about the journey to this proposed legislation, the Black Alliance of Thurston County, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, body cameras, and other police related issues in Olympia, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search engine.

For more information about the Black Alliance of Thurston County, contact Dr. Karen Johnson at blackalliancethurstoncounty@gmail.com.

Where is Police Excessive Force Bill?

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

www.janineslittlehollywood.blogspot.com

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.

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.