1513-S AMH GRAH WEHL 169

SHB 1513 - H AMD TO H AMD (H-1648.2/23) 434

By Representative Graham

NOT CONSIDERED 01/02/2024

On page 1 of the striking amendment, strike all material after line 2 and insert the following:

"NEW SECTION. Sec. Subject to the availability of amounts appropriated for this specific purpose, a grant program is established. The Washington traffic safety commission shall develop and implement a grant program to support local initiatives that provide solution-oriented responses to nonmoving violations for low-income road users. The commission must prioritize the award of grants to local initiatives that expand or establish civilian intervention programs for nonmoving violations, and focus on nonpunitive interventions such as helmet voucher programs, fee offset programs, fix-it tickets, and repair vouchers that provide solutions for vehicle equipment failures for low-income road users.

(1) Grants must be awarded to local jurisdictions based on locally developed proposals to establish or expand existing programs, including programs with community-lead organizations. Eligible jurisdictions under the grant program include cities, counties, tribal government entities, tribal organizations, or nonprofit organizations.

(2) Prior to awarding any grants, the commission shall develop grant compliance criteria for nonprofit grant recipients including, but not limited to, registration with the office of the secretary of the state, a demonstration of a nexus between grant-funded activities and the mission of the organization, guidelines on permissible overhead allocations, a list of recommended core grant funded initiatives, and a requirement for interaction with local law enforcement.

(3) The commission shall report on its website by December 1st of each year on the recipients, locations, and types of projects funded under this program.

(4) Beginning September 1, 2024, and biennially thereafter, the commission shall provide a report to the governor and the transportation committees of the legislature detailing findings on the effectiveness of programs funded under this section and any recommendations for enhancements or modifications to the grant program established under this section.

Sec. RCW 46.63.030 and 2013 2nd sp.s. c 23 s 23 are each amended to read as follows:

(1) A law enforcement officer has the authority to issue a notice of traffic infraction:

(a) When the infraction is committed in the officer's presence, except as provided in RCW 46.09.485;

(b) When the officer is acting upon the request of a law enforcement officer in whose presence the traffic infraction was committed;

(c) If an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction;

(d) When the infraction is detected through the use of an automated traffic safety camera under RCW 46.63.170; or

(e) When the infraction is detected through the use of an automated school bus safety camera under RCW 46.63.180.

(2) A law enforcement officer has the authority to issue a citation by mail for a notice of infraction for any noncriminal offenses under this chapter, in lieu of a traffic stop, and where consistent with agency policy.

(3) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed.

(((3)))(4) If any motor vehicle without a driver is found parked, standing, or stopped in violation of this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a notice of traffic infraction.

(((4)))(5) In the case of failure to redeem an abandoned vehicle under RCW 46.55.120, upon receiving a complaint by a registered tow truck operator that has incurred costs in removing, storing, and disposing of an abandoned vehicle, an officer of the law enforcement agency responsible for directing the removal of the vehicle shall send a notice of infraction by certified mail to the last known address of the person responsible under RCW 46.55.105. The notice must be entitled "Littering—Abandoned Vehicle" and give notice of the monetary penalty. The officer shall append to the notice of infraction, on a form prescribed by the department of licensing, a notice indicating the amount of costs incurred as a result of removing, storing, and disposing of the abandoned vehicle, less any amount realized at auction, and a statement that monetary penalties for the infraction will not be considered as having been paid until the monetary penalty payable under this chapter has been paid and the court is satisfied that the person has made restitution in the amount of the deficiency remaining after disposal of the vehicle.

NEW SECTION. Sec. A new section is added to chapter 10.118 RCW to read as follows:

(1) Each peace officer in the state as defined in RCW 43.101.010 must report each incident when they stop or detain an operator of a vehicle, or where a citation is issued by mail. Each report must include the following information:

(a) The date, time, location (address, latitude and longitude, or GPS information), and duration of the incident;

(b) The primary reason for the stop or mailed citation, and whether it was peace officer-initiated or in response to a call for service from the public;

(c) Make, model, and year of the vehicle;

(d) The agency or agencies employing the peace officer;

(e) The name of the peace officer;

(f) Whether there was a stop initiated, an arrest made, or a citation mailed; and

(g) Whether dashboard or body worn camera footage was recorded for the incident.

(2) For the purposes of this section, "vehicle" has the same meaning as in RCW 46.04.670, but does not include any commercial motor vehicle as defined in RCW 46.32.005.

Sec. RCW 10.116.060 and 2021 c 320 s 7 are each amended to read as follows:

(1) A peace officer may not engage in a vehicular pursuit, unless:

(a)(((i))) There is ((probable cause to believe)) reasonable suspicion that a person in the vehicle has committed or is committing ((a)):

(i) A violent offense ((or)) as defined in RCW 9.94A.030;

(ii) A sex offense as defined in RCW 9.94A.030((, or an));

(iii) A vehicular assault offense under RCW 46.61.522;

(iv) An assault in the first, second, third, or fourth degree offense under chapter 9A.36 RCW, involving domestic violence as defined in RCW 10.99.020;

(v) An escape under chapter 9A.76 RCW; or

(((ii) There is reasonable suspicion a person in the vehicle has committed or is committing a)) (vi) A driving under the influence offense under RCW 46.61.502;

(b) The pursuit is necessary for the purpose of identifying or apprehending the person;

(c) The person poses ((an imminent threat to the safety of)) a serious risk of harm to others, and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances; and

(d)(i) Except as provided in (d)(ii) of this subsection, the ((officer has received authorization to engage in the pursuit from)) pursuing officer notifies a supervising officer ((and)) immediately upon initiating the vehicular pursuit; there is supervisory ((control)) oversight of the pursuit((. The)); and the pursuing officer, in consultation with the supervising officer ((must consider)), considers alternatives to the vehicular pursuit((. The supervisor must consider)), the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle((, and the vehicular pursuit must be terminated if any of the requirements of this subsection are not met));

(ii) For those jurisdictions with fewer than 10 commissioned officers, if a supervisor is not on duty at the time, the pursuing officer ((will request)) requests the on-call supervisor be notified of the pursuit according to the agency's procedures((. The)), and the pursuing officer ((must consider)) considers alternatives to the vehicular pursuit, the justification for the vehicular pursuit, and other safety considerations, including but not limited to speed, weather, traffic, road conditions, and the known presence of minors in the vehicle. ((The officer must terminate the vehicular pursuit if any of the requirements of this subsection are not met.))

(2) ((A pursuing)) In any vehicular pursuit under this section:

(a) The pursuing officer and supervising officer, if applicable, shall comply with any agency procedures for designating the primary pursuit vehicle and determining the appropriate number of vehicles permitted to participate in the vehicular pursuit ((and comply));

(b) The supervising officer, the pursuing officer, or dispatcher shall notify other law enforcement agencies or surrounding jurisdictions that may be impacted by the vehicular pursuit or called upon to assist with the vehicular pursuit, and the pursuing officer and supervising officer, if applicable, shall comply with any agency procedures for coordinating operations with other jurisdictions, including available tribal police departments when applicable;

(c) The pursuing officer must be able to directly communicate with other officers engaging in the pursuit, the supervising officer, if applicable, and the dispatch agency, such as being on a common radio channel or having other direct means of communication;

(d) As soon as practicable after initiating a vehicular pursuit, the pursuing officer, supervising officer, if applicable, or responsible agency shall develop a plan to end the pursuit through the use of available pursuit intervention options, such as the use of the pursuit intervention technique, deployment of spike strips or other tire deflation devices, or other department-authorized pursuit intervention tactics; and

(e) The pursuing officer must have completed an emergency vehicle operator's course, must have completed updated emergency vehicle operator training in the previous two years, where applicable, and must be certified in at least one pursuit intervention option.

(3) A vehicular pursuit not meeting the requirements under this section must be terminated.

(((3))) (4) A peace officer may not fire a weapon upon a moving vehicle unless necessary to protect against an imminent threat of serious physical harm resulting from the operator's or a passenger's use of a deadly weapon. For the purposes of this subsection, a vehicle is not considered a deadly weapon unless the operator is using the vehicle as a deadly weapon and no other reasonable means to avoid potential serious harm are immediately available to the officer.

(((4))) (5) For purposes of this section, "vehicular pursuit" means an attempt by a uniformed peace officer in a vehicle equipped with emergency lights and a siren to stop a moving vehicle where the operator of the moving vehicle appears to be aware that the officer is signaling the operator to stop the vehicle and the operator of the moving vehicle appears to be willfully resisting or ignoring the officer's attempt to stop the vehicle by increasing vehicle speed, making evasive maneuvers, or operating the vehicle in a reckless manner that endangers the safety of the community or the officer.

NEW SECTION. Sec. A new section is added to chapter 43.101 RCW to read as follows:

(1) By June 30, 2023, the commission shall convene a work group to develop legislative policy recommendations related to vehicular pursuits by law enforcement.

(2) The work group must be comprised of stakeholders representing the following:

(a) The Washington association of sheriffs and police chiefs;

(b) The Washington state patrol;

(c) The Washington state fraternal order of police;

(d) The Washington council of police and sheriffs;

(e) The Washington state patrol troopers association;

(f) The international brotherhood of teamsters;

(g) The Washington traffic safety commission;

(h) The Washington federation of state employees;

(i) Families who have lost loved ones as a result of interactions with law enforcement;

(j) An organization advocating for civil rights;

(k) The national association for the advancement of colored people, Alaska Oregon Washington state-area conference;

(l) The Latino civic alliance;

(m) The Asian Pacific Islanders coalition of Washington;

(n) The Washington coalition for police accountability;

(o) The transportation choices coalition;

(p) The governor's office of Indian affairs;

(q) Whose streets? our streets!;

(r) Spokane community against racism;

(s) Next steps Washington; and

(t) The faith action network.

(3) The work group shall consider the following issues when developing its legislative policy recommendations:

(a) The factors to be considered in initiating and terminating a pursuit, and the standards for evaluating the need to initiate or terminate a pursuit including, but not limited to:

(i) The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;

(ii) The seriousness of the offense committed or believed to have been committed by the individual or individuals that are fleeing;

(iii) Consideration of whether the identity of the individual fleeing is known and whether the individual could be apprehended at a later time;

(iv) Safety factors that pose a risk to officers, other motorists, pedestrians, or other third parties;

(v) Vehicular or pedestrian traffic safety and volume;

(vi) Weather and vehicle conditions; and

(vii) Speeds of the pursuit;

(b) The procedures, tactics, and technologies used during pursuits;

(c) The circumstances where officers should consider the use of tactics other than engaging in a pursuit;

(d) The various responsibilities of the pursuing officers, the officers supervising the pursuit, the dispatcher, and air support;

(e) The procedures governing interjurisdictional pursuits;

(f) The procedures governing care of any persons injured in the course of a pursuit;

(g) The contents of law enforcement reports filed related to pursuits; and

(h) The procedures used to evaluate each pursuit.

(4) By December 1, 2023, the commission shall submit a report containing its legislative policy recommendations to the appropriate committees of the legislature, and publish the report on its website.

NEW SECTION. Sec. A new section is added to chapter 43.101 RCW to read as follows:

(1) By October 31, 2023, the commission shall, subject to the availability of amounts appropriated for this specific purpose, develop and implement a vehicular pursuit technology grant program for the purpose of providing modern vehicular pursuit management technology to local law enforcement agencies including, but not limited to, global positioning system tracking technology, automated license plate reading technology, and nonarmed and nonarmored drone technology.

(2) The commission shall establish policies for applications under this section in addition to criteria for evaluating and selecting grant recipients. Grants must be awarded to local law enforcement agencies based on locally developed proposals. A proposal must include a request for specific technology and a specific plan for the implementation and use of that technology.

NEW SECTION. Sec. Sections 4 through 6 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.

NEW SECTION. Sec. Section 4 of this act expires July 1, 2025.

NEW SECTION. Sec. If specific funding for the purposes of sections 5 and 6 of this act, referencing sections 5 and 6 of this act by bill or chapter and section number, is not provided by June 30, 2023, in the omnibus appropriations act, sections 5 and 6 of this act are null and void.

NEW SECTION. Sec. The provisions of this act must be liberally construed to accomplish their purpose, and if any provision of this act conflicts with any other statute, ordinance, rule, or regulation of any public employer, the provision of this act controls.

NEW SECTION. Sec. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Correct the title."

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