BILL REQ. #:  H-0808.3 

Read first time 01/21/2005.   Referred to Committee on Transportation.

     AN ACT Relating to Washington state patrol vehicle accident investigations and corrective action procedures; adding a new section to chapter 43.43 RCW; creating new sections; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature that serious vehicle accidents involving state patrol officers are independently investigated to ensure independence and objectivity, along with the perception of independence and objectivity during the investigation. It is the intent of the legislature to have corrective actions in place to prevent future vehicle accidents. There shall be a tracking process implemented to identify vehicle accident trends and provide corrective action to prevent future vehicle accidents. When a Washington state patrol officer is off duty, the officer will follow the same traffic laws and enforcement policies as any other person using the public roadways.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.43 RCW to read as follows:
     (1) If a Washington state patrol officer, on or off duty, is involved in a vehicle accident where: (a) The injuries require a paramedic or intermediate life support person as defined in RCW 18.71.200; (b) there is a fatality; or (c) the damage to the vehicles is above the amount set by the chief of the Washington state patrol for the filing of a vehicle accident report as required in RCW 46.52.030, an independent Washington law enforcement agency shall perform the investigation. If the vehicle accident occurs in a county outside a city or town, the county sheriff shall perform the investigation. If the vehicle accident occurs in a town or city, the local law enforcement agency shall investigate. If the local law enforcement agency is not available, then the county sheriff shall perform the investigation. In these circumstances, a drug and alcohol test will be given to all vehicle drivers, bicyclists, and pedestrians involved.
     (2) The Washington state patrol shall track vehicle accidents by officer in the following categories:
     (a) At-fault and serious. There is a fatality or injury that requires a paramedic or intermediate life support person as defined in RCW 18.71.200. The damage to the vehicles is above the amount set by the chief of the Washington state patrol for the filing of an accident report as required in RCW 46.52.030 and it is determined that the officer is responsible for the vehicle accident.
     (b) At-fault and not serious. There is no fatality or injury that requires a paramedic or intermediate life support person. The damage to the vehicles is under the amount for filing an accident report as required in RCW 46.52.030 and it is determined that the officer is responsible for the vehicle accident.
     (c) Not-at-fault and serious. There is a fatality or injury that requires a paramedic or intermediate life support person as defined in RCW 18.71.200. The damage to the vehicles is above the amount set by the chief of the Washington state patrol for the filing of an accident report as required in RCW 46.52.030 and it is determined that the officer is not responsible for the vehicle accident.
     (d) Not-at-fault and not serious. There is no fatality or injury that requires a paramedic or intermediate life support person. The damage to the vehicles is under the amount for filing an accident report as required in RCW 46.52.030 and it is determined that the officer is not responsible for the vehicle accident.
     (3) If an officer has any vehicle accident, the officer shall meet with his or her district commander to review the vehicle accident and be provided retraining in the area of vehicle handling relevant to the accident to prevent future accidents from occurring.
     (4) If an officer has two not-at-fault and not-serious vehicle accidents within a twelve-month period, the Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy.
     (5) If an officer has three not-at-fault and not-serious vehicle accidents within an eighteen-month period, the Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a twelve-month period. If another not-at-fault or not-serious accident occurs during the probationary period, the officer shall be discharged.
     (6) If an officer has two at-fault and serious vehicle accidents within a twelve-month period, the officer shall be placed on leave for two weeks with no pay. The Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a twelve-month period. If another at-fault and serious or not-at-fault and serious vehicle accident occurs during the probationary period, the officer shall be discharged.
     (7) If an officer has one at-fault and serious vehicle accident and one not-at-fault and serious vehicle accident within a twelve-month period, the Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a nine-month period. If another at-fault serious or not-at-fault serious accident occurs during the probationary period, the officer shall be discharged.
     (8) If an officer has two at-fault and serious vehicle accidents and one at-fault and not-serious vehicle accident within a twelve-month period, the officer shall be placed on leave for two weeks with no pay. The Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a twelve-month period. If another at-fault and not-serious or not-at-fault and serious vehicle accident occurs during the probationary period, the officer shall be discharged.
     (9) If an officer has three at-fault serious vehicle accidents within a thirty-six month period, the officer shall be placed on leave for two weeks with no pay. The Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a twelve-month period. If another at-fault and serious or at-fault not-serious vehicle accident occurs during the probationary period, the officer shall be discharged.
     (10) If an officer has a combination of three at-fault vehicle accidents and three or more not-at-fault vehicle accidents within a thirty-six month period, the officer shall be placed on leave for two weeks with no pay. The Washington state patrol shall retrain the officer on vehicle handling at the Washington state patrol academy and the officer shall be placed on probation for a twelve-month period. If another vehicle accident occurs during the probationary period, the officer shall be discharged.
     (11) Nothing in this section prevents the chief of the Washington state patrol from making the decision to send an officer for additional training in vehicle handling, to proceed with disciplinary action, or to discharge the officer if trends and circumstances warrant immediate corrective action.
     (12) On or before the start of the legislative session, the Washington state patrol shall submit a report to the transportation committees of the legislature that tabulates the number of officers that on December 31st of each calendar year are in each vehicle accident category in this section.
     (13) When corrective action has been completed, the chief of the Washington state patrol shall review the vehicle accident documents and sign the documents indicating that the action plan has been completed. The documentation shall then be placed in the officer's personnel file.
     (14) A Washington state patrol officer is considered on duty when the officer is using a Washington state patrol owned vehicle.
     (15) When a Washington state patrol officer is off duty, the officer is not exempt from traffic citations nor other required law enforcement actions if the investigating officer has probable cause to believe that the driver has violated any traffic laws or regulations. Any traffic citations will be recorded on the officer's driver license record at the department of licensing following the same process and procedures that have been implemented for all other licensed drivers.

NEW SECTION.  Sec. 3   This act may be known and cited as the "Brock Loshbaugh Act."

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2005.