[atlas:bill]

AN ACT Relating to inquest hearings; amending RCW 36.24.020; adding new sections to chapter 36.24 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 the public must have trust and confidence in prosecutorial, judicial, and law enforcement officials in order to have an effective inquest hearing process. In particular, whenever a law enforcement officer in the course of performing his or her official duties causes the death of a person, the incident deserves careful review and close public scrutiny in an open process that ensures equal rights and due process for the law enforcement officer, the deceased, and the deceased's family.

The legislature further finds that the current statute governing inquest hearings needs to be modernized and updated to eliminate any potential for conflict of interest, ensure accountability of public officials, and maintain professionalism within law enforcement agencies. In addition, the legislature finds that the family of the deceased should be granted greater opportunities at inquest hearings to present evidence, call witnesses, and cross-examine witnesses to ensure their full participation during the inquest hearings.

The legislature also finds that the purpose of an inquest hearing is not to make any determination or findings regarding liability for criminal acts or responsibility for civil damages, but rather to ensure that the public is aware of the facts and circumstances surrounding the death of a person.

Sec. 2. RCW 36.24.020 and 1988 c 188 s 18 are each amended to read as follows:

(1) Inquests are to be held according to the following:

(a) Any coroner, in his or her discretion, may hold an inquest if the coroner suspects that the death of a person was unnatural, or violent, or resulted from unlawful means, or from suspicious circumstances, or was of such a nature as to indicate the possibility of death by the hand of the deceased or through the instrumentality of some other person((~~: PROVIDED, That,~~)).

(b) Except under suspicious circumstances, no inquest shall be held following a traffic death.

(c) Any coroner shall hold an inquest if the coroner suspects that the death of a person is due to the actions, performed or purporting to be performed in the official capacity, of a law enforcement officer.

(2) The coroner in the county where an inquest is to be convened pursuant to this chapter shall notify the superior court to provide persons to serve as a jury of inquest to hear all the evidence concerning the death and to inquire into and render a true verdict on the cause of death. Jurors shall be selected and summoned in the same manner and shall have the same qualifications as specified in chapter 2.36 RCW. The prosecuting attorney having jurisdiction shall be notified in advance of any such inquest to be held, and at his discretion may be present at and assist the coroner in the conduct of the same. At the request of the coroner, law enforcement officers from the appropriate political subdivision shall assist the coroner in the investigation as to the cause of death. The coroner may adjourn the inquest from time to time as he may deem necessary.

(3) Notwithstanding the provisions of subsection (2) of this section, the coroner in the county where an inquest is being convened shall notify the office of the attorney general if the inquest is being held under subsection (1)(c) of this section. The office of the attorney general shall have sole authority to assist the coroner in the investigation as to the cause of death and the circumstances leading to the use of deadly force. A person conducting investigatory duties for the attorney general may not be under an employment contract with the agency employing the law enforcement officer.

(4) The costs of inquests shall be borne by the county in which the inquest is held, except that the costs of the investigation conducted under subsection (3) of this section shall be borne by the office of the attorney general.

NEW SECTION. Sec. 3. A new section is added to chapter 36.24 RCW to read as follows:

(1) If an inquest is being held under RCW 36.24.020(1)(c), the heirs of the deceased shall be allowed by the court to be a party to the proceedings. The heirs have the right to make opening and closing statements, present evidence, call witnesses, cross-examine witnesses, and to otherwise participate in the inquest to ensure a just adjudication and to protect the rights of the deceased. The court shall appoint a guardian ad litem at county expense, or as otherwise provided by law, for any minor children of the deceased. The court may allow joinder of the parties as provided by court rule.

(2) Except as otherwise provided for minor children of the deceased, the heirs of the deceased shall be entitled to the appointment of counsel at county expense, or as otherwise provided by law, if the court determines that the heirs of the deceased are indigent as provided by statute or court rule. For the purposes of this section, "heirs of the deceased" means the deceased's surviving spouse and minor children. If there is no surviving spouse or minor children, then "heirs of the deceased" means the deceased's surviving adult children. If there are no surviving adult children, then "heirs of the deceased" means the deceased's surviving parent or parents. If there is no surviving parent or parents, then "heirs of the deceased" means the surviving issue of the deceased's parent or parents. If there is no surviving issue of the deceased's parent or parents, then "heirs of the deceased" means the surviving grandparent or grandparents of the deceased.

(3) The court has the discretion to appoint counsel in a manner that will serve the best interests of justice when there are multiple heirs of the deceased, some of whom are indigent.

NEW SECTION. Sec. 4. A new section is added to chapter 36.24 RCW to read as follows:

The provisions of this chapter do not preclude any civil cause of action for damages.