State of Washington
67th Legislature
2021 Regular Session
ByRepresentatives Lovick, Goodman, Fitzgibbon, J. Johnson, Slatter, Wylie, Ramos, Bateman, Berry, Dolan, Tharinger, Simmons, Ryu, Ramel, Shewmake, Leavitt, Senn, Peterson, Gregerson, Valdez, Callan, Chopp, Duerr, Ormsby, Taylor, Lekanoff, Santos, Macri, Frame, Orwall, Berg, Pollet, and Harris-Talley
Prefiled 01/05/21.Read first time 01/11/21.Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to potential impeachment disclosures; and adding a new section to chapter 10.93 RCW.
NEW SECTION.  Sec. 1. A new section is added to chapter 10.93 RCW to read as follows:
(1)(a) No later than six months after the effective date of this section, the Washington association of prosecuting attorneys, in consultation with the Washington state association of municipal attorneys, Washington association of sheriffs and police chiefs, Washington council of police and sheriffs, fraternal order of police, and Washington state patrol troopers association, shall update its best practices policy addressing potential impeachment disclosures pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and subsequent case law. The policy must provide guidance for: (i) The types of conduct that should be recognized as potentially exculpatory or as creating potential impeachment material; (ii) how information about an officer or officer conduct should be shared and maintained; and (iii) when an officer's information or name may be removed from any list of potential impeachment disclosures.
(b) Subject to amounts appropriated for this purpose, no later than June 30, 2022, the Washington association of prosecuting attorneys shall develop and thereafter maintain online training for potential impeachment disclosures consistent with its best practices policy.
(2) Within 10 days of the discovery of any act by an officer that may be potentially exculpatory to a criminal defendant, or within 10 days of the official determination that an officer has engaged in misconduct affecting his or her credibility, the law enforcement agency shall report such incident to the prosecuting authority of any jurisdiction in which the officer may testify as a witness.
(3) Prior to hiring any peace officer with previous law enforcement experience, a law enforcement agency must inquire as to whether the officer has ever been subject to potential impeachment disclosure. The agency shall verify the officer's response with the prosecuting authorities in the jurisdictions of the officer's previous employment. The fact that an officer has been subject to impeachment disclosure is not, in and of itself, a bar to employment.
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