WSR 20-01-023
PERMANENT RULES
CRIMINAL JUSTICE
TRAINING COMMISSION
[Filed December 6, 2019, 11:46 a.m., effective January 6, 2020]
Effective Date of Rule: Thirty-one days after filing.
Purpose: To satisfy the legislative directive to conduct negotiated rule making, required by RCW
36.28A.450 and
9A.16.040 (found in chapter 1, Laws of 2019).
Citation of Rules Affected by this Order: New WAC 139-12-010, 139-12-020, and 139-12-030.
Statutory Authority for Adoption: RCW
9A.16.040 (found in chapter 1, Laws of 2019) and
43.101.080.
Adopted under notice filed as WSR 19-21-178 on October 23, 2019.
Changes Other than Editing from Proposed to Adopted Version:
WAC 139-12-020, independent investigative team (IIT).
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| • | Removed "such as WSP.["] |
| • | Added "the independent investigative function, provided it is not in an involved agency." |
WAC 139-12-020, initial incident response.
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| • | Inserted "police use of." |
WAC 139-12-020, member agency.
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| • | Inserted "police use of." |
WAC 139-12-030 Independent investigations criteria.
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| • | Replaced "factors" with "principles." |
| • | Inserted "involved agency and the." |
| • | Inserted "results in a compliant and complete investigation and." |
WAC 139-12-030 (1)(b).
| |
| • | Inserted "police use." |
| • | Inserted "with the following exception:["] |
| • | Moved section about specialized equipment underneath. |
| • | Removed "no", added "not", removed "and", added "and the use is approved by the IIT commander." from section about specialized equipment. |
WAC 139-12-030 (2)(a).
| |
| • | Replaced "factors" with "principles." |
WAC 139-12-030 (2)(b).
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| • | Added a-f lettering. |
| • | Inserted "Existing teams with [will] have until January 2021 to provide necessary information about the qualifications of current IIT investigators to the nonlaw enforcement community representatives for review." |
| • | Inserted "nonlaw enforcement." |
WAC 139-12-030 (4)(b).
WAC 139-12-030 (4)(c).
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| • | Inserted "by the chief(s) and/or sheriff(s)." |
| • | Replaced "panel" with "board." |
WAC 139-12-030 (4)(c)(vi).
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| • | Replaced "must" with "are expected to." |
| • | Inserted "sustained." |
| • | Inserted "police use of." |
| • | Removed "incident." |
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 3, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 5, 2019.
Derek Zable
Human Resource and
Government Affairs Manager
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the
20-02 issue of the Register.