H-1163.3  _______________________________________________

                          HOUSE BILL 1795

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives J. Kohl, Padden, Riley, Appelwick, Foreman, Roland, R. Fisher, Dellwo, Campbell, Anderson, Wineberry and Johanson

Read first time 02/10/93.  Referred to Committee on Judiciary.

Regulating vehicular pursuit.

    AN ACT Relating to vehicular pursuit by law enforcement officers; adding new sections to chapter 43.101 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds that whether to initiate and how to conduct a vehicular pursuit requires careful evaluation of numerous factors by the law enforcement officer or officers involved.  The risk posed to the well-being and property of bystanders is of great significance among those factors. 

    The legislature further finds law enforcement officers in the state of Washington may benefit from additional formal training on vehicular pursuits.

NEW SECTION. Sec. 2.  (1) In addition to its common law meaning, "vehicular pursuit" means an attempt by a law enforcement officer to apprehend a suspect in a moving vehicle who has committed a felony, or who reasonably is suspected of having committed a felony, and who refuses to comply voluntarily with the law enforcement officer's visual or audible signal to stop.

    (2) By December 31, 1993, every state, county, and municipal law enforcement agency shall adopt and implement a written policy on vehicular pursuits complying with subsection (3) of this section. 

    (3) A written policy adopted by a law enforcement agency must meet all of the following minimum standards:

    (a) Provide for supervisory control, if available, of the pursuit;

    (b) Provide procedures for designating the primary pursuit vehicle and for determining the total number of vehicles to be permitted to participate at one time in the pursuit;

    (c) Provide procedures for coordinating operations with other jurisdictions; and

    (d) Provide guidelines for determining when the interests of public safety and effective law enforcement justify a vehicular pursuit and when a vehicular pursuit should not be initiated or should be terminated.

NEW SECTION. Sec. 3.  (1) By December 31, 1994, every full-time law enforcement officer employed by a state, county, or municipal law enforcement agency shall have been trained on vehicular pursuits.  Every new full-time law enforcement officer employed by a state, county, or municipal law enforcement agency after that date also shall be trained, within six months of employment, on vehicular pursuits. 

    (2) The criminal justice training commission, in conjunction with the Washington state patrol and the Washington association of sheriffs and police chiefs, shall develop the training.  At a minimum, the training shall cover the information required by section 2 of this act to be included in a written vehicular pursuit policy.  The criminal justice training commission shall conduct the training.

NEW SECTION. Sec. 4.  Sections 2 and 3 of this act are added to chapter 43.101 RCW.

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