H-0321.1
HOUSE BILL 1138
State of Washington | 69th Legislature | 2025 Regular Session |
ByRepresentatives Peterson, Macri, Obras, Ryu, Farivar, Doglio, Simmons, Street, Duerr, Nance, Berg, Ormsby, Lekanoff, and Hill
Prefiled 12/27/24.Read first time 01/13/25.Referred to Committee on Community Safety.
AN ACT Relating to improving public safety by implementing evidence-based interview practices that increase the reliability of statements collected during criminal investigations; adding a new section to chapter
43.101 RCW; and adding a new chapter to Title
10 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that law enforcement best protects the community when evidence-based investigative tools are utilized.
The legislature further finds that a large and growing body of scientific evidence has established that rapport-based, noncoercive interview methods are the most effective means for law enforcement to illicit true, accurate, and reliable information from suspects and witnesses during criminal investigations.
The legislature further finds that abandoning deceptive tactics in exchange for rapport-based, noncoercive techniques enhances public trust in the police, encourages public cooperation to facilitate investigations, protects the recall and capacity to exercise sound judgement by those being interviewed, preserves the integrity and professionalism of law enforcement officers, and increases public safety.
The legislature therefore intends to develop and implement training on the use of rapport-based, noncoercive interview techniques by law enforcement, and to facilitate the adoption of such techniques by law enforcement in lieu of the use of deception.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Deception" means the knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer to a person who is the subject of an interrogation.
(2) "Interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response and occurs when a reasonable person in the same circumstances would consider themself in legal jeopardy.
(3) "Law enforcement officer" means a general authority Washington peace officer or limited authority Washington peace officer as defined in RCW
10.93.020.
(4) "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; governmental subdivision, agency, or instrumentality; or any other legal or commercial entity.
(5) "Statement" means a communication whether oral, written, electronic, or nonverbal.
NEW SECTION. Sec. 3. (1) Beginning December 31, 2026, a statement made by a person during an interrogation conducted by a law enforcement officer shall be presumed inadmissible in court if the officer intentionally engaged in deception to obtain the statement and the statement was made in relation to an investigation of a misdemeanor or felony offense, or, in the case of a juvenile, an allegation that, if proven, would constitute a misdemeanor or felony offense if committed by an adult.
(2) The prosecution may overcome the presumption of inadmissibility if it proves by clear and convincing evidence that the person's statement was voluntary and not made in response to the officer's use of deception.
NEW SECTION. Sec. 4. A new section is added to chapter
43.101 RCW to read as follows:
(1) The commission shall contract with an expert or organization with expertise in interrogation and interview tactics to develop, administer, and periodically revise a training for law enforcement personnel in evidence-based interrogation and interview techniques.
(2) The training must explain and demonstrate:
(a) The phenomenon of false confessions by suspects under questioning by law enforcement;
(b) The heightened risk of false confessions when deception and other confession-driven interrogation techniques are used during questioning by law enforcement; and
(c) The implementation process and investigative outcomes for law enforcement organizations that have adopted rapport-based interviewing techniques.
(3) The training must include, at minimum, instruction on the use of the following techniques:
(a) The preparation and planning, engage and explain, account, closure and evaluate (PEACE) method;
(b) The strategic use of true evidence;
(c) The cognitive interview; and
(d) The trauma-informed interview.
(4) The commission shall make the completed training available at no cost to all law enforcement personnel and law enforcement agencies in the state.
(5) The commission shall begin offering the training by July 1, 2026.
NEW SECTION. Sec. 5. Sections 1 through 3 of this act constitute a new chapter in Title 10 RCW. --- END ---