Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. (1) The legislature finds the following:

(a) The state of Washington and its political subdivisions undertake to protect the safety of all individuals who use public roadways, including people who drive, bike, walk, and roll, and law enforcement's fundamental duty is to preserve and protect human life;

(b) Police have many tools at their disposal to keep road users and the general public safe, and traffic stops and vehicular pursuits are two of those tools;

(c) When utilizing any tool, law enforcement should focus enforcement resources on the highest risk behaviors and most dangerous crimes;

(d) Pursuits are inherently dangerous to officers, the public at large, innocent passengers, and the person being pursued, and should be reserved for the most serious crimes;

(e) Data shows that traffic stops for nonsafety violations that rely on punitive fees and fines can cause social harms including racial inequity, reduction of public trust in police, and the perpetuation of poverty;

(f) Traffic stops should be reserved for safety violations such as impaired driving, distracted driving, unrestrained passengers, and speeding, where traffic stops have been shown to reduce traffic accidents and fatalities; and

(g) Research shows that prioritizing safety stops reduces traffic crash and injury outcomes and reduces racial disparities in traffic stops, and that reserving pursuits for the most dangerous of crimes reduces costs, accidents, injuries, and the chance of death.

(2) Therefore, the legislature resolves that law enforcement resources are most effective when focused on the highest risk behaviors and enforcement options are focused on the fundamental duty of preserving and protecting human life.

(1) Grants must be awarded to local jurisdictions based on locally developed proposals to establish or expand existing programs, including programs with community-lead organizations. Eligible jurisdictions under the grant program include cities, counties, tribal government entities, tribal organizations, law enforcement agencies, or nonprofit organizations.

(2) The department of commerce shall report on its website by December 1st of each year on the recipients, locations, and types of projects funded under this program.

(3) Beginning September 1, 2024, and biennially thereafter, the department of commerce shall provide a report to the governor and the transportation committees of the legislature detailing findings on the effectiveness of programs funded under this section and any recommendations for enhancements or modifications to the grant program established under this section.

NEW SECTION.  Sec. 3. A new section is added to chapter 46.64 RCW to read as follows:

(1)(a) Except as provided in (b) of this subsection, a peace officer may not stop, or otherwise detain, an operator of a vehicle to enforce one or more of the following violations as a primary offense:

(i) Any nonmoving violation, except violations of RCW 46.37.190 or 46.61.688, or where a vehicle does not have any license plates, or where the license plate does not match the registered make, model, year, and color of the vehicle;

(ii) Driving while license suspended or revoked in the third degree under RCW 46.20.342(1)(c) (ii), (iv), (v), or (viii); or

(iii) Any warrant for a misdemeanor, other than a misdemeanor warrant for driving under the influence under RCW 46.61.502 or a domestic violence violation, or a civil court order.

(b)(i) A peace officer may only stop or detain an operator of a vehicle when the primary reason for the stop is an equipment failure violation when necessary to protect against an immediate, serious threat to the safety of the operator or others on the roadway.

(ii) Prior to first contact with the operator of the vehicle under this subsection (1)(b), the peace officer must log digitally or notify dispatch of the primary reason for the stop, including a detailed description of the immediate, serious threat to the safety of the operator or others on the roadway.

(iii) Upon first contact with the operator of the vehicle during a stop under this subsection (1)(b), the peace officer must inform the operator of the reason for the stop, and may not request a consent search of the operator, any passengers, or the vehicle. The peace officer may not question the operator or any passenger of the vehicle on a subject other than the equipment violation that initiated the stop, unless the peace officer detects evidence that establishes reasonable suspicion sufficient to question the operator about an independent criminal offense.

(c) Enforcement of nonmoving violations may be accomplished as a secondary action when a driver of a motor vehicle has been stopped or detained for a suspected violation of a separate moving violation.

(2)(a) Prior to first contact with the operator of a vehicle for a moving violation, a peace officer must log digitally or notify dispatch of the primary reason for the stop.

(b) Upon first contact with the operator of the vehicle, the peace officer must inform the operator of the reason for the stop.

(c) For moving violations that are infractions or simple misdemeanors, the peace officer may not request a consent search of the operator of the vehicle, any passengers, or the vehicle. The peace officer may not question the operator of the vehicle or any passenger on a subject other than the moving violation that initiated the stop, unless the peace officer detects evidence that establishes reasonable suspicion sufficient to question the operator about an independent criminal offense.

(3) Before engaging in any consent search of a vehicle, the operator, or any passengers that is not prohibited under subsection (1) or (2) of this section, the peace officer must obtain written consent. To obtain consent, the peace officer must provide the operator and any passengers with an oral explanation and a written consent form that explains the purpose of the search, that the search is voluntary, that such persons may ask to speak with an attorney, and that such persons may choose not to consent to the search or decline the search at any point. The form must state explicitly that such persons will not be punished or suffer retaliation for not consenting or declining to be searched. The form must be available at least in English and Spanish and explained orally to a person who is unable to read the form, using, when necessary, an interpreter from the district communications center language line or other agency resources.

(4) Any evidence recovered during a stop, detention, or search made in violation of this section is inadmissible in any criminal proceeding.

(5) For purposes of this section:

(a) "Immediate, serious threat to the safety of the operator or others on the roadway" means that, based on the totality of the circumstances, it is reasonable for an objective observer to believe that an equipment failure on the vehicle may cause immediate, serious injury to the operator or other persons in the vicinity of the vehicle. Depending on the circumstances, such an immediate threat may include, but is not limited to: Having both taillights, headlights, or brake lights out at nighttime; a shattered windshield impairing the operator's ability to see; or a dragging muffler.

(b) "Moving violation" is defined by rule pursuant to RCW 46.20.2891.

(c) "Nonmoving violation" means any parking violation, equipment violation, or paperwork violation relating to insurance, registration, licensing, and inspection.

(d) "Peace officer" has the same meaning as in RCW 43.101.010.

(e) "Vehicle" has the same meaning as in RCW 46.04.670, but does not include any commercial motor vehicle as defined in RCW 46.32.005.

NEW SECTION.  Sec. 4. A new section is added to chapter 10.118 RCW to read as follows:

(1) Each peace officer in the state as defined in RCW 43.101.010 must report each incident when they stop or detain an operator of a vehicle. Each report must include the following information:

(a) The date, time, location (address, latitude and longitude, or GPS information), and duration of the incident;

(b) The primary reason for the stop, and whether it was peace officer-initiated or in response to a call for service from the public;

(c) The perceived or known age, gender, race, ethnicity of the operator of the vehicle, and tribal affiliation of the operator, if applicable, and the language of interpretation used, if applicable;

(d) Make, model, and year of the vehicle;

(e) The agency or agencies employing the peace officer;

(f) The name, approximate age, gender, race, and ethnicity of the peace officer;

(g) Whether a consent search was requested, and whether the operator or any passengers provided or declined written consent to the search request;

(h) Whether a search was conducted, and if so, who and what was searched, and whether the search was conducted pursuant to a warrant, written consent, or an exception to the warrant requirement with a description of the basis for the exception;

(i) Whether the vehicle, personal effects, operator, or any passengers were searched, and the approximate age, gender, race, and ethnicity, if known, or tribal affiliation if applicable, of each person searched;

(j) Whether any property was seized, with a specific description of that property, or whether any contraband such as a firearm, other weapon, or narcotics was found and the specific type, size, and amount of any such contraband as applicable;

(k) Whether the stop resulted in no action, the issuance of a verbal warning, written warning, or citation, an arrest, or other action; and

(l) Whether dashboard or body worn camera footage was recorded for the incident.

(2) Each law enforcement agency in the state must submit the reports required under this section in accordance with the requirements of the statewide use of force data program under RCW 10.118.030.

(3) For the purposes of this section, "vehicle" has the same meaning as in RCW 46.04.670, but does not include any commercial motor vehicle as defined in RCW 46.32.005.

Sec. 5. RCW 46.20.349 and 2010 c 8 s 9026 are each amended to read as follows:

((Any))Subject to section 3 of this act, any police officer who has received notice of the suspension or revocation of a driver's license from the department of licensing may, during the reported period of such suspension or revocation, stop any motor vehicle identified by its ((vehicle)) license plate number as being registered to the person whose driver's license has been suspended or revoked. The driver of such vehicle shall display his or her driver's license upon request of the police officer.

Sec. 6. RCW 46.37.005 and 1987 c 330 s 706 are each amended to read as follows:

((In))Subject to section 3 of this act, in addition to those powers and duties elsewhere granted, the chief of the Washington state patrol shall have the power and the duty to adopt, apply, and enforce such reasonable rules and regulations (1) relating to proper types of vehicles or combinations thereof for hauling passengers, commodities, freight, and supplies, (2) relating to vehicle equipment, and (3) relating to the enforcement of the provisions of this title with regard to vehicle equipment, as may be deemed necessary for the public welfare and safety in addition to but not inconsistent with the provisions of this title.

The chief of the Washington state patrol is authorized to adopt by regulation, federal standards relating to motor vehicles and vehicle equipment, issued pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, or any amendment to said act, notwithstanding any provision in Title 46 RCW inconsistent with such standards. Federal standards adopted pursuant to this section shall be applicable only to vehicles manufactured in a model year following the adoption of such standards.

Sec. 7. RCW 46.37.320 and 1987 c 330 s 717 are each amended to read as follows:

(1) ((The))Subject to section 3 of this act, the chief of the state patrol is hereby authorized to adopt and enforce rules establishing standards and specifications governing the performance of lighting devices and their installation, adjustment, and aiming, when in use on motor vehicles, and other safety equipment, components, or assemblies of a type for which regulation is required in this chapter or in rules adopted by the state patrol. Such rules shall correlate with and, so far as practicable, conform to federal motor vehicle safety standards adopted pursuant to the national traffic and motor vehicle safety act of 1966 (15 U.S.C. Sec. 1381 et seq.) covering the same aspect of performance, or in the absence of such federal standards, to the then current standards and specifications of the society of automotive engineers applicable to such equipment: PROVIDED, That the sale, installation, and use of any headlamp meeting the standards of either the society of automotive engineers or the United Nations agreement concerning motor vehicle equipment and parts done at Geneva on March 20, 1958, or as amended and adopted by the Canadian standards association (CSA standard D106.2), as amended, shall be lawful in this state.

(2) Every manufacturer who sells or offers for sale lighting devices or other safety equipment subject to requirements established by the state patrol shall, if the lighting device or safety equipment is not in conformance with applicable federal motor vehicle safety standards, provide for submission of such lighting device or safety equipment to any recognized organization or agency such as, but not limited to, the American national standards institute, the society of automotive engineers, or the American association of motor vehicle administrators, as the agent of the state patrol. Issuance of a certificate of compliance for any lighting device or item of safety equipment by that agent is deemed to comply with the standards set forth by the state patrol. Such certificate shall be issued by the agent of the state before sale of the product within the state.

(3) The state patrol may at any time request from the manufacturer a copy of the test data showing proof of compliance of any device with the requirements established by the state patrol and additional evidence that due care was exercised in maintaining compliance during production. If the manufacturer fails to provide such proof of compliance within ((sixty))60 days of notice from the state patrol, the state patrol may prohibit the sale of the device in this state until acceptable proof of compliance is received by the state patrol.

(4) The state patrol or its agent may purchase any lighting device or other safety equipment, component, or assembly subject to this chapter or rules adopted by the state patrol under this chapter, for purposes of testing or retesting the equipment as to its compliance with applicable standards or specifications.

Sec. 8. RCW 46.37.365 and 1987 c 330 s 719 are each amended to read as follows:

(1) The term "hydraulic brake fluid" as used in this section shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

(2) Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.

(3) ((The))Subject to section 3 of this act, the chief of the Washington state patrol shall, in compliance with ((the provisions of)) chapter 34.05 RCW, ((the administrative procedure act, which govern the adoption of rules,)) adopt and enforce regulations for the administration of this section and shall adopt and publish standards and specifications for hydraulic brake fluid which shall correlate with, and so far as practicable conform to, the then current standards and specifications of the society of automotive engineers applicable to such fluid.

(4) No person shall distribute, have for sale, offer for sale, or sell any hydraulic brake fluid unless it complies with the requirements of this section and the standard specifications adopted by the state patrol. No person shall service any vehicle with brake fluid unless it complies with the requirements of this section and the standards and specifications adopted by the state patrol.

(5) Subsections (3) and (4) of this section shall not apply to petroleum base fluids in vehicles with brake systems designed to use them.

Sec. 9. RCW 46.37.470 and 2021 c 65 s 51 are each amended to read as follows:

(1) "Air conditioning equipment," as used or referred to in this section, means mechanical vapor compression refrigeration equipment that is used to cool the driver's or passenger compartment of any motor vehicle.

(2) Air conditioning equipment must be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public. Air conditioning equipment may not contain any refrigerant that is toxic to persons or that is flammable, unless the refrigerant is allowed under the department of ecology's motor vehicle emission standards adopted under RCW 70A.30.010.

(3) ((The))Subject to section 3 of this act, the state patrol may enforce safety requirements, regulations, and specifications consistent with the requirements of this section applicable to air conditioning equipment which must correlate with and, so far as possible, conform to the current recommended practice or standard applicable to air conditioning equipment approved by the society of automotive engineers.

(4) A person may not sell or equip, for use in this state, a new motor vehicle with any air conditioning equipment unless it complies with the requirements of this section.

(5) A person may not register or license for use on any highway any new motor vehicle equipped with any air conditioning equipment unless the equipment complies with the requirements of this section.

Sec. 10. RCW 46.64.030 and 1979 ex.s. c 28 s 3 are each amended to read as follows:

((The))Subject to section 3 of this act, the provisions of this title with regard to the apprehension and arrest of persons violating this title shall govern all police officers in making arrests without a warrant for violations of this title for offenses either committed in their presence or believed to have been committed based on probable cause pursuant to RCW 10.31.100, but the procedure prescribed herein shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for other like offenses.

Sec. 11. RCW 46.64.070 and 1999 c 6 s 26 are each amended to read as follows:

To carry out the purpose of RCW 46.64.060 and ((46.64.070))subject to section 3 of this act, officers of the Washington state patrol are hereby empowered during daylight hours and while using plainly marked state patrol vehicles to require the driver of any motor vehicle being operated on any highway of this state to stop and display his or her driver's license and/or to submit the motor vehicle being driven by such person to an inspection and test to ascertain whether such vehicle complies with the minimum equipment requirements prescribed by chapter 46.37 RCW, as now or hereafter amended. No criminal citation shall be issued for a period of ten days after giving a warning ticket pointing out the defect.

The powers conferred by ((RCW 46.64.060 and 46.64.070))this section are in addition to all other powers conferred by law upon such officers((,)) including, but not limited to, powers conferred upon them as police officers pursuant to RCW 46.20.349 and powers conferred by chapter 46.32 RCW.

Sec. 12. RCW 10.116.060 and 2021 c 320 s 7 are each amended to read as follows:

(1) A peace officer may not engage in a vehicular pursuit, unless:

(a)(((i))) There is ((probable cause to believe))reasonable suspicion that a person in the vehicle has committed or is committing ((a)):

(i) A violent offense ((or))as defined in RCW 9.94A.030;

(ii) A sex offense as defined in RCW 9.94A.030((, or an));

(v) An escape under chapter 9A.76 RCW; or

(((ii) There is reasonable suspicion a person in the vehicle has committed or is committing a))(vi) A driving under the influence offense under RCW 46.61.502;

(b) The pursuit is necessary for the purpose of identifying or apprehending the person;

(c) The person poses ((an imminent threat to the safety of))a serious risk of harm to others, and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances; and

(d)(i) Except as provided in (d)(ii) of this subsection, the pursuing officer ((has received authorization to engage in the pursuit from))notifies a supervising officer ((and))immediately upon initiating the vehicular pursuit; there is supervisory ((control))oversight of the pursuit((. The)); and the pursuing officer, in consultation with the supervising officer ((must consider)), considers alternatives to the vehicular pursuit((. The supervisor must consider)), the justification for the vehicular pursuit, and other safety considerations((,)) including, but not limited to, speed, weather, traffic, road conditions, and the known presence of minors in the vehicle((, and the vehicular pursuit must be terminated if any of the requirements of this subsection are not met));

(ii) For those jurisdictions with fewer than 10 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer ((will request))requests the on-call supervisor be notified of the pursuit according to the agency's procedures((. The)), and the pursuing officer ((must consider))considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle. ((The officer must terminate the vehicular pursuit if any of the requirements of this subsection are not met.))

(2) ((A))In any vehicular pursuit under this section:

(a) The pursuing officer and supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit ((and));

(b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and supervising officer, if applicable, shall comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;

(3) A vehicular pursuit not meeting the requirements under this section must be terminated.

(((3)))(4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer.

(((4)))(5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.

NEW SECTION.  Sec. 13. A new section is added to chapter 43.101 RCW to read as follows:

(1) By June 30, 2023, the commission shall convene a work group to develop legislative policy recommendations related to vehicular pursuits by law enforcement.

(2) The work group must be comprised of stakeholders representing the following:

(a) The Washington association of sheriffs and police chiefs;

(b) The Washington state patrol;

(c) The Washington state fraternal order of police;

(d) The Washington council of police and sheriffs;

(e) The Washington state patrol troopers association;

(f) The international brotherhood of teamsters;

(g) The Washington traffic safety commission;

(h) The Washington federation of state employees;

(i) Families who have lost loved ones as a result of interactions with law enforcement;

(j) An organization advocating for civil rights;

(k) The national association for the advancement of colored people Alaska Oregon Washington state-area conference;

(l) The Latino civic alliance;

(m) The Asian Pacific Islanders coalition of Washington;

(n) The Washington coalition for police accountability;

(o) The transportation choices coalition;

(p) The governor's office of Indian affairs;

(q) Whose streets? Our streets!;

(r) Spokane community against racism;

(s) Next steps Washington; and

(t) The faith action network.

(3) The work group shall consider the following issues when developing its legislative policy recommendations:

(a) The factors to be considered in initiating and terminating a pursuit, and the standards for evaluating the need to initiate or terminate a pursuit including, but not limited to:

(i) The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;

(ii) The seriousness of the offense committed or believed to have been committed by the individual or individuals that are fleeing;

(iii) Consideration of whether the identity of the individual fleeing is known and whether the individual could be apprehended at a later time;

(iv) Safety factors that pose a risk to officers, other motorists, pedestrians, or other third parties;

(v) Vehicular or pedestrian traffic safety and volume;

(vi) Weather and vehicle conditions; and

(vii) Speeds of the pursuit;

(b) The procedures, tactics, and technologies used during pursuits;

(c) The circumstances where officers should consider the use of tactics other than engaging in a pursuit;

(d) The various responsibilities of the pursuing officers, the officers supervising the pursuit, the dispatcher, and air support;

(e) The procedures governing interjurisdictional pursuits;

(f) The procedures governing care of any persons injured in the course of a pursuit;

(g) The contents of law enforcement reports filed related to pursuits; and

(h) The procedures used to evaluate each pursuit.

(4) By December 1, 2023, the commission shall submit a report containing its legislative policy recommendations to the appropriate committees of the legislature, and publish the report on its website.

NEW SECTION.  Sec. 14. A new section is added to chapter 43.101 RCW to read as follows:

(1) By October 31, 2023, the commission shall, subject to the availability of amounts appropriated for this specific purpose, develop and implement a vehicular pursuit technology grant program for the purpose of providing modern vehicular pursuit management technology to local law enforcement agencies including, but not limited to, global positioning system tracking technology, automated license plate reading technology, and nonarmed and nonarmored drone technology.

(2) The commission shall establish policies for applications under this section in addition to criteria for evaluating and selecting grant recipients. Grants must be awarded to local law enforcement agencies based on locally developed proposals. A proposal must include a request for specific technology and a specific plan for the implementation and use of that technology.

Correct the title.