HB 2362, Police Body Camera Legislation, in Rules Committee

Olympia Mayor Pro Tem Jones Testifies in Support of Police Worn Body Camera Related Legislation

By Janine Gates

www.janineslittlehollywood.blogspot.com

At Olympia’s city council meeting Tuesday evening, Mayor Pro Tem Nathaniel Jones read a statement he wrote, confirming the city's commitment to police worn body cameras. It received council consensus, and gave the city’s Ad Hoc Committee on Police and Community Relations additional guidance on its role exploring public involvement on the issue.

How little or far the city wants to go in terms of its policies around the issue is up to the community, but the camera's use and related record keeping will also be heavily influenced by state law.

Police worn body camera recordings are currently public records subject to the state Public Records Act and present a whole host of privacy issues, especially for juveniles, crime victims, and witnesses to crimes. 

While some subjects and information are exempt from the law, a 2014 opinion by the state Attorney General determined that body worn camera recordings are not generally subject to the Privacy Act, and that conversations between on-duty police officers and the public are not considered private.

A bill sponsored by Washington State Representative Drew Hansen (D-23), HB 2362, would exempt body worn camera recordings to the extent they violate someone's right to privacy. The bill has passed out of the House Judiciary Committee and is now in the Rules Committee.

The bill also requires law enforcement agencies and corrections agencies that use body worn cameras to establish policies regarding their use, and requires the legislature to convene a task force to examine the use of body worn cameras by law enforcement and corrections agencies.

The bill was the result of a year of work involving groups interested in working to develop a broad, statewide framework around the issue. The bill still allows local jurisdictions to set some of their own policies. 

Despite the efforts, bill opponents, especially those representing communities of color such as the American Civil Liberties Union of Washington, want video footage by officers deleted if it does not have accountability value. They are also concerned that footage could be used for surveillance purposes.

Others groups, such as the National Alliance on Mental Illness, the Washington State Coalition Against Domestic Violence, and the Washington Association of Prosecuting Attorneys expressed concern that the bill does not go far enough to protect individual privacy, and also believe footage could be used by law enforcement for local and national security related surveillance activities.

Olympia Mayor Pro Tem Nathaniel Jones testified in support of the bill at a hearing on January 14th, along with representatives from the cities of Seattle, Bellingham, Poulsbo, the Association of Washington Cities, the Washington Association of Counties, the Washington Association of Sheriffs and Police Chiefs, and many more.

“This is very difficult legislation….I told the committee that Olympia needs support from the Legislature to reduce the financial and legal risks associated with unresolved privacy and records management concerns. The bill is helpful but should go further in these areas,” Jones told Little Hollywood on Wednesday.

For more information about the City of Olympia Police Department, the Ad Hoc Committee on Police and Community Relations, and other Olympia police related news, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

To track bills through the Washington State legislative process, go to www.leg.wa.gov

Olympia Police Worn Body Camera Conversation Begins

By Janine Gates

www.janineslittlehollywood.blogspot.com

Cities large and small across the country are having the conversation about the use of police worn body cameras, and now the conversation has begun in Olympia. 

A whole range of events, actions and emotions around issues of racial injustice, implicit bias, and community policing and accountability were brought home for South Sounders, in large part due to the shooting last May of two African American young men by an Olympia police officer.

Many cities across the country and in Washington are already using body cameras, also called body cams, to varying degrees of success. Some cities have stopped their use due to burdens related to cost, records management, and the inability to respond to public records requests.

At the Olympia City Council meeting Tuesday evening, Mayor Pro Tem Nathaniel Jones read a statement he wrote about the city's commitment to police worn body cameras. The statement received council consensus, and gave the city’s new Ad Hoc Committee on Police and Community Relations much needed direction on its role exploring the issue.

It stated in part that the city intends to move forward with police worn body cameras when it develops plans, policies and revenues that will ensure the program is successful. All those elements are currently lacking.

“It is important that our program includes protections for citizen privacy, effective management…and clear expectations for officers regarding camera use,” said Jones, who acknowledged that the technology currently lacks such standards.

The Ad Hoc Committee has always had a two part mission: one, to engage the community in dialog about police issues, and two, determine how best to engage the public on the implementation of police worn body cameras. It has held several community forums, establishing a template for holding several community forums, but disassociating the topic of body cameras until now, near the end of its temporary tenure.

With the city council now expressing its clear commitment to body cameras, the group will now turn its attention to establishing a process for the issue, holding a public forum on February 18, 5:00 p.m., in a location still to be determined. 

Body Camera Issues, Technology, and Cost

The Ad Hoc Committee learned more about the issue of body cameras on Wednesday night from Laura Wohl, administrative services division manager for the Olympia Police Department. Wohl said she has spent the last five years studying the topic and educated the committee on the policy issues and costs regarding the technology. The group is also collecting information from non-police related sources.

Aspects of the issue include managing a network of additional staff and technology needed to process the camera video, using and managing software designed to ensure confidentiality of some subjects, storing that data for the required 90 days, and understanding the legal status of information captured. 

Wohl said police worn body cameras have been shown to improve reasonable behavior by both the police officer and the person they are having an interaction with, and have decreased the number of complaints about officers.

According to current state public disclosure laws, all police interactions are considered public, and police do not have to notify people that they are being recorded. Traumatic and potentially embarrassing events are recorded.

Wohl admitted the numbers were rough, but each body camera and software would cost about $1,000, with an annual cost of $10,500 for replacements. Initial camera implementation costs would be about $85,000.

The annual cost for the program would be about $472,000 when video storage costs of between $200 - $600 per month per officer are factored in, as well as three additional full time staff to maintain the system.

The redaction process to protect the privacy of some individuals would take an estimated 30 times longer than a video that does not need that work. Preparing video for the criminal justice system is another issue, as it takes time to prepare the videos for discovery, review, prosecution, and defense.

Wohl then extrapolated the work and costs needed to process video if, for example, five officers show up for one incident.

Wohl said that the Olympia Police Department received 3,602 public records requests in 2015. Responding to public records requests of video would place an undetermined amount of time and expense on the department.

Lt. Aaron Jelcick briefly mentioned the state’s body camera issues and programs in Poulsbo, Seattle, Spokane, Bremerton, and Bellingham. There, and in other cities nationwide, each city has had to outline sticky policy issues: 

What kinds of calls should be recorded? When are cameras turned on? Can an officer turn off his or her camera? How is citizen privacy protected? What if the officer sees something that the camera didn’t?  Should officers be allowed to view the camera evidence? How can the videos be used? Should detectives and SWAT team members be issued body cameras?

To provide perspective, Lt. Jelcick said that the City of Spokane phased in its body camera program over a period of 18 months, hosting over 70 community presentations with over 160 groups, and is still having issues meeting the requirements of Washington State’s stringent public records law.

After the discussion, Ad Hoc Committee members were impressed by the depth of the issues and engaged in a healthy conversation about the information they heard.

Given the somewhat overwhelming information provided, committee member Clinton Petty questioned aloud whether or not Olympia really wants or needs body cameras.

In response, Lt. Jelcick said that he believed that body cameras are going to be part of the uniform of most, if not every, law enforcement officer in the country.

“I think we are going in that direction….I think the issues in Washington State will be resolved at some point with the disclosure and technology issues, so that it won’t be cost prohibitive….I think Washington is at a difficult time to implement this technology. We recognize that and as we go through this process, part of the discussion may be, ‘Yes, we want body cameras, no, this isn’t the right time to do it’ until these issues are resolved, but I believe these issues will be resolved.…I don’t think the work that we do will be for naught…the technology will get better and better and it will get easier to process this video….” said Jelcick.

He said that every department who currently has body cameras has started with pilot programs, with cameras on just two or three officers to start, to figure out the work and cost involved.

Committee member Clinton Petty admitted, “There’s a lot more than I ever thought there would be to it.”

Editor’s Note: While writing this article Thursday morning, multiple calls were in progress involving the Olympia police department, including an attempted suicide, a man with a history of cardiac arrest experiencing chest pains, and a blocking collision as the result of an alleged stolen car/hit and run incident on Cooper Point Road and Black Lake Boulevard near the entry to Haggen’s grocery store. Several suspects, possibly four, in the stolen car fled and multiple officers were dispatched to the scene, who worked to track the suspects fleeing in different directions. One officer witnessed one suspect flee to a nearby homeless encampment and change clothes.

For more information about the City of Olympia Police Department, the Ad Hoc Committee on Police and Community Relations, and other Olympia police related news, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

For more information about the Ad Hoc Committee on Police and Community Relations, go to www.olympia.wa.gov

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.

I-735 Validated, Thurston County Contributed Nearly 16,000 Signatures

Above: The Washington Secretary of State's office validated I-735 and certified the initiative to the Legislature. Initiative 735 clarifies that corporations are not people, money is not speech, and all political donations should be made public.

By Janine Gates

www.janineslittlehollywood.blogspot.com

“Woohoo! So happy! I am so pleased with what we in Thurston County were able to accomplish,” said Jennifer Sprague, in response to the news that the Washington Secretary of State's office validated I-735 and certified the initiative to the Legislature.

Sprague, a local organizer for the Washington Coalition to Amend the Constitution (WAmend) in Thurston County, received the news Tuesday afternoon.

Initiative 735 urges Washington State’s Congressional delegation and all members of Congress to propose a federal Constitutional amendment clarifying that Constitutional rights belong only to individuals, not corporations. It also says that spending money is not free speech under the First Amendment.

According to the Secretary of State’s office, the invalidation rate, including duplicates and signatures from people not found on the voter rolls, was 18 percent, about average for Washington ballot measures in recent decades.

Next, the Legislature may enact the initiative into law, or may send it to the General Election ballot for a vote of the people. Since it is unlikely the initiative will be enacted into law, organizers are urging people to vote yes on I-735 this coming November.

Sprague and other I-735 supporters held a rally on Thursday afternoon, the sixth anniversary of the U.S. Supreme Court’s Citizen’s United v. FEC decision, at the Washington State Capitol Building.

“Voting yes will make Washington State the 17th state to urge Congress to introduce a constitutional amendment to overturn the Citizens United decision,” said Sprague.

WAmend organizers collected 333,040 signatures for I-735 and turned them in to the Washington State Secretary of State’s office on December 30 and 31, 2015.

Thurston County volunteers were responsible for gathering 15,920 signatures for the initiative. Sprague said that gathering almost 16,000 signatures was their goal, which is about 10 percent of the registered voters in the county.

Above: Several checkers strive to validate troublesome signatures for I-735 last week at the Washington Secretary of State's office in downtown Olympia.

The Secretary of State’s office started reviewing the I-735 ballots Wednesday evening and finished a few days earlier than expected. Anyone can observe the process during normal business hours.

Kay Ramsey, Secretary of State program coordinator, was busy checking signatures last week, along with about 15 paid, temporary staff who received training for their job from the Washington State Patrol. Staff cross checked signatures with the statewide voter registration database.

Asked what causes the most difficulties with petition signatures, Ramsey said that a lot of people aren’t actually registered to vote, bad handwriting, and very common names.

Checkers also have difficulties with very large and very small signatures, attempted scratch outs, lightly written signatures, those that only sign or only print their name, and other issues.

Little Hollywood observed the signature checking process last week and witnessed several illegible and light signatures that were not able to be confirmed by the checker.

Ramsey said that every effort is made to do a second round check to see if the proper signature can be found.

For more information about I-735 and the initiative process, go to: www.WAMEND.org. Previous articles about the initiative are at Little Hollywood, www.janineslittlehollywood.blogspot.com. Use the search button to type in key words.

For more information about Thurston County’s I-735 efforts, contact Jennifer Sprague at I-735olympia@hotmail.com or Michael Savoca at Masavoca@fairpoint.net

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.

Olympia Youth Speak Up at Ad Hoc Police Forum

Above: Sign at Olympia High School, “Injustice anywhere is a threat to justice everywhere” - Martin Luther King, Jr.

By Janine Gates

www.janineslittlehollywood.blogspot.com

The Ad Hoc Committee on Police and Community Relations held its fourth community forum at Olympia High School on Thursday afternoon.

The forum focused primarily on the experiences and ideas of youth and was open to all community members to also share their thoughts about how the Olympia police department can best serve the public.

Several students and staff of Olympia High School were in attendance, including principal Matt Grant. Several uniformed police officers were also in attendance, which prompted one adult to say that their armed presence was difficult for him. 

Several students shared stories of their interactions with local police. 

One young man, who is African American, said he was with a group of friends and one of them had a BB gun. Someone called it into police, and one officer arrived, who ordered them to the ground. They complied. One responding officer soon turned into three others because a neighbor started arguing with the officer.

“I was scared. I didn’t want to become a statistic,” he said. Asked to elaborate on his feelings about the incident, he said, “Well, the officer didn’t pull his gun out and I didn’t get shot, so the situation turned out A+….”

Another African American student said he felt the Olympia police are better than most.

“They’ve shown me respect,” he said. He said he came from Tennessee, and said that “things are really bad down there….”Asked what he would like to see by the Olympia Police Department, he said more forums and more dialog.

Maddie Hendrickson, 18, shared that she was in a car accident about a year ago in which a school bus rear-ended her car. She was uninjured, but said she didn’t feel like she was being heard by the officer, and he seemed rushed. 

“It was a stressful situation and the police could be calmer,” said Hendrickson. She offered many suggestions for how the police could approach teens with more compassion.

A mother described how her son has been victimized at Washington Middle School and Olympia High School due to his African American race.

“There hasn’t been a single year that he hasn’t had a racial incident here in Olympia,” said Karen Arnold. The Arnold’s have lived in Olympia for 15 years and came from Tacoma. In the most recent incident last year at Olympia High School, he was jumped on by another student on the basketball court and called the “n” word. She says the student was given a half day suspension.

“….That is not enough,” said Karen Arnold. “….It gives the message that the behavior is ok….”

Her son, Kardel Arnold, 15, was present and freely shared his stories and thoughts. Arnold said that when he was in the sixth and seventh grade, he was harassed all the time. He described a situation in which he was sitting on the bus and was punched by another student. There was no disciplinary action to the bully.

“I could be wrong, but I’m 99 percent sure that if it had been me who had done the punching, I would have been suspended or expelled,” he said. His mother called the police to see about what could be done, but they said nothing could be done because the other student did not threaten Arnold. Conversely, the school said that they couldn’t do anything because as soon as the police are called, it becomes a police issue, and not a school issue.

In general, Kardel Arnold says he has nothing against police officers, but he makes sure he doesn’t move too quickly or make any wrong moves when he sees police around.

Hired last spring, Olympia High School paraeducator Antonio McClinon, who is African American, said that he would like to see more people of color on the police force. He also said that there are only three African American males who work at the school.

McClinon said he spoke with the school district superintendent a couple of years ago about diversity and what he thought would be a ten minute conversation turned into an hour. He was pleased about that, but in terms of recruiting for teaching positions, the process is difficult, plus, African American teachers who live in the South Sound area tend to take jobs in Tacoma or Seattle, an environment where they feel more comfortable.

“….I could easily get a job there, but I want to be here…. I’m a role model here. It starts with one or two….I am not afraid, I am concerned….There's so much politics and roadblocks….” he said. The African American students surrounding McClinon agreed that he was someone that they felt they could go to if they needed to.

Mr. Grant said that race is frequently an issue at Olympia High School and acknowledged that it is a challenge for students of color to come to the school.

“If I could have a request, it would be that we be constantly in training, for the police and administrators, on how to interact with students of color, learn the issues there, and strategies for creating dialog. I think we learn a lot from each other and I can’t say enough about how much we want to engage in dialog, and we can do a lot more. We have a core group of students willing to engage in dialog but setting those things up are really difficult….”

He said that in his experience, the school has had several positive experiences with the police. Grant said they used to have lunchtime sessions with students of color, but not this year.

“We can always do more,” he said.

The Olympia City Council tasked a group of citizens last year with engaging the community on how the Olympia police can better serve the public, especially people who do not often have the chance to be heard. The group has held several forums. For more information about the group and future meeting dates, go to www.olympiawa.gov.

Editor’s Note: All individuals in this article consented to being identified. 

Little Hollywood has written many articles about the Ad Hoc group, police issues, racial justice, the Olympia Police Department, and excessive use of force by law enforcement at Little Hollywood, www.janineslittlehollywood.blogspot.com. Use the search engine to type in key words.

Above: “Throw kindness around like Confetti”sign at Olympia High School.

Changes to Police Excessive Force Law Proposed by Black Alliance of Thurston County

Above: As Governor Jay Inslee waits to speak, Dr. Karen Johnson, chair of the Black Alliance of Thurston County, speaks at Monday's Dr. Martin Luther King, Jr. celebration in Olympia. Nat Jackson, far left, a member of the Black Alliance of Thurston County, was the master of ceremonies. The Black Alliance of Thurston County has spearheaded the writing of state legislation that would change the law governing excessive use of deadly force by law enforcement in Washington State. 

Just before Dr. Karen Johnson was to speak in the Rotunda, the voice of Governor Inslee came over the public address system. Inslee was apparently giving a speech elsewhere in the building and the mechanical systems became crossed. After at least 15 minutes of interruption to the celebration and unsuccessful attempts to mute Inslee and restore the microphone in the Rotunda, the crowd started chanting, “Black Lives Matter! Black Lives Matter!” 

In an extraordinary turn of events, Reverend Vera Diggins, who had earlier lead the group in the Black National Anthem, lead the crowd in singing several verses of “We Shall Overcome!” The emotional tenor of the crowd changed and the public address system was somehow fixed, allowing Johnson to speak. Then, Governor Inslee, who arrived and was scheduled to speak, began his speech by saying, “The mission of equality cannot be drowned out!” to cheers from the crowd.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Proposed legislation written and spearheaded by members of the Black Alliance of Thurston County that would change excessive use of deadly force by law enforcement in Washington State has garnered a prime sponsor.

Washington State Representative Cindy Ryu, D-32, has agreed to sponsor the legislation. The bill, which does not have a number yet and is in the process of some last minute refining, would amend RCW 9A.16.040.

The South Sound area was jammed packed with celebrations and service events honoring Dr. Martin Luther King, Jr. on Monday. Dr. Karen Johnson, chair of the Black Alliance of Thurston County, announced the proposed legislation at a Martin Luther King, Jr. Day celebration held at the Washington State Capitol Building.

“We should all feel proud that we are one step closer to having a use of deadly force law that attacks our egregious state law, not the noble law enforcement officers who maintain the public safety of all Washingtonians,” said Johnson.

“There’s widespread recognition that our justifiable homicide statute is broken because it sets a higher bar than any other state in prosecuting officers who use deadly force without justification. Amnesty International calls Washington State’s law regarding use of deadly force as the “most egregious” in the nation. 

“The Black Alliance of Thurston County, in coalition and partnership with others…want to start the conversation around this issue….It is the right thing to do at the right time….We can pass a bill that is good for the people, the police, and the prosecutors of Washington State who seek public safety and accountability for all,” said Johnson.

Only Washington State law provides a defense against prosecution when a police officer acts “without malice and with a good faith belief that such act is justifiable.” Malice is defined in law as “evil intent.”

The proposed bill removes a subsection which contains the phrase “without malice and with a good faith belief,” an aspect which makes Washington's statute so unique.

To put Washington State law in line with the recommendations of a June 2015 Amnesty International report, “Deadly Force: Police Use of Lethal Force in the United States,”  the bill also clarifies language regarding use of deadly force against fleeing felons so it is clear that the risk to the officer has to be imminent.

The legislation is expected to be introduced on Tuesday or early this week. 

The bill's sponsor, Senator Cindy Ryu, represents Northwest Seattle, Shoreline, South Edmonds, Woodway, west Mountlake Terrace and Lynnwood. While serving as a Shoreline City Councilmember, Ryu was elected mayor in 2008, becoming the first female Korean-American mayor in the United States. Serving her third House term in the Washington State Legislature, Ryu is a Deputy Whip and co-chairs the Members of Color Caucus.

The Black Alliance of Thurston County hopes to have the bill passed and signed by Governor Jay Inslee during this short legislative session.

Above: Andre Thompson, middle, wearing hat, and his brother Bryson Chaplin, who was not in attendance at Monday's celebration, and their family was acknowledged and prayed for by Bishop Charlotte Petty of Risen Faith Fellowship. Thompson and Chaplin were shot by an Olympia police officer in May 2015. The officer who shot the brothers was not charged by the Thurston County prosecutor, who used the “without malice and with a good faith belief.....” defense for the officer, indicating that the shooting was justifiable.

Amnesty's Deadly Force Report

The Amnesty International report is primarily based on a state-by-state legislative survey of use of lethal force statutes within the United States.

According to Amnesty International, the United States has failed to track how many people are killed by law enforcement officers. No one knows exactly how many people are killed each year but estimates range from 400 to over 1,000.

Among its other findings:  

African Americans are disproportionately impacted by police killings, according to the limited data available.

The United States has failed to respect and protect the right to life by failing to ensure that domestic legislation meets international human rights law and standards on the use of lethal force by law enforcement officers.

All 50 states and Washington, D.C. fail to comply with international law and standards on the use of lethal force by law enforcement officers.

None of the state statutes require that the use of lethal force may only be used as a last resort with non-violent and less harmful means to be tried first.

No state limits the use of lethal force to only those situations where there is an imminent threat to life or serious injury to the officer or to others.

Nine states, including Washington, allow for the use of lethal force to be used to suppress a riot.

Twenty two states, including Washington, allow for law enforcement officers to kill someone trying to escape from a prison or jail.

Only eight states, including Washington, require that a warning be given, when feasible, before lethal force is used.

Twenty states, including Washington, allow for private citizens to use lethal force if they carry out law enforcement activities.

For more information about the Black Alliance of Thurston County, Karen Johnson, the City of Olympia’s Ad Hoc Committee on Police and Community Relations, Andre Thompson and Bryson Chaplin, and local groups working for racial justice, go to Little Hollywood, www.janineslittlehollywood.blogspot.com, and type key words into the search button.

For more information about Amnesty International’s report “Deadly Force: Police Use of Lethal Force in the United States,” go to: www.amnestyusa.org/deadlyforce

Above: Names of Black loved ones lost to police violence are written in chalk outside the Washington State Capitol Building in Olympia.