1310-S2.E AMS PADD S2860.4
E2SHB 1310 - S AMD TO S AMD (S-2618.1/21) 790
By Senator Padden
ADOPTED 04/10/2021
On page 5, after line 12, insert the following:
"NEW SECTION.  Sec. 7. Notwithstanding provisions in this chapter to the contrary, the following applies to the use of tear gas:
(1) A law enforcement agency may not use or authorize its peace officers or other employees to use tear gas unless necessary to alleviate a present risk of serious harm posed by a: (a) Riot; (b) barricaded subject; or (c) hostage situation.
(2) Prior to deploying tear gas as authorized under subsection (1) of this section, the officer or employee shall:
(a) Exhaust alternatives to the use of tear gas that are available and appropriate under the circumstances;
(b) Obtain authorization to use tear gas from the supervising officer, who must determine whether the present circumstances warrant the use of tear gas and whether available and appropriate alternatives have been exhausted as provided under this section;
(c) Announce to the subject or subjects the intent to use tear gas; and
(d) Allow sufficient time and space for the subject or subjects to comply with the officer's or employee's directives.
(3) For the purposes of this section:
(a) "Barricaded subject" means an individual who is the focus of a law enforcement intervention effort, has taken a position in a physical location that does not allow immediate law enforcement access, and is refusing law enforcement orders to exit.
(b) "Hostage situation" means a scenario in which a person is being held against his or her will by an armed, potentially armed, or otherwise dangerous suspect.
(c) "Tear gas" means chloroacetophenone (CN), O chlorobenzylidene malononitrile (CS), and any similar chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort or permanent injury, except "tear gas" does not include oleoresin capsicum (OC)."
Renumber the remaining sections consecutively and correct any internal references accordingly.
On page 5, after line 17, insert the following:
"NEW SECTION.  Sec. 9. Section 7 of this act is added to chapter 10.--- RCW (the new chapter created by section 10, chapter . . ., Laws of 2021 (Engrossed Substitute House Bill No. 1054))."
E2SHB 1310 - S AMD TO S AMD (S-2618.1/21) 790
By Senator Padden
ADOPTED 04/10/2021
On page 5, line 24, after " 43.101 RCW;" insert "adding a new section to chapter 10.--- RCW;"
EFFECT: Clarifies permissible use of force regarding tear gas.
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