Passed by the House March 11, 2005 Yeas 95   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 6, 2005 Yeas 49   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1387 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/07/05.
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; 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
accidents involving Washington state patrol officers follow a process
that provides a high degree of integrity and credibility both within
the investigation of the accident and the perception of the
investigation from persons outside the investigation. It is the intent
of the legislature to have a communication process in place for the
Washington state patrol to communicate accident information to the
persons and their families who are involved in the vehicle accidents.
It is the intent of the legislature to have early detections in place
to reduce future vehicle accidents.
NEW SECTION. Sec. 2 A new section is added to chapter 43.43 RCW
to read as follows:
To ensure transparency, integrity, and credibility during
Washington state patrol vehicle accident investigations, the agency
will continue to review and reform the agency policies and procedures
regarding Washington state patrol officers that are involved in vehicle
accidents. The agency shall develop agency policies and include as
part of the terms of their collective bargaining agreements a
progressive corrective process addressing Washington state patrol
officer vehicle accidents that may include retraining in vehicle
handling, wage or benefit reductions, and termination of employment.
The agency shall develop a process for tracking accidents and an
accident review process. Annually, a collision data report must be
produced designating each accident during the year as minor or severe
and any resulting disciplinary actions and be available for review by
the legislature. The agency shall implement communication procedures
for the victims involved in the accidents from the time the accident
occurs until the investigative process has been concluded. The
policies must also provide for outside supervision of accident
investigations by a qualified independent agency under certain
circumstances.
Before the legislative committee assembly in September 2005, the
Washington state patrol shall have an outside entity that has a
reputation for and has proven experience in law enforcement management
and reviewing law enforcement and criminal justice policies and
procedures review the agency's proposed law enforcement vehicle
accident policies and procedures where a law enforcement officer is
involved. The agency will present the proposed policies and procedures
to the legislature and finalize the policies and procedures based on
input from the legislature. The Washington state patrol shall report
to the house and senate transportation committees by November 30, 2005,
on the updated policies, processes, and procedures. Once the policies
and procedures are completed, other law enforcement agencies may adopt
the policies and procedures for their agencies.
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
immediately.