2023 Agenda Centers on Accountability
Oct. 26, 2022 - WCPA’s 2023 Legislative Agenda Centers on Accountability
For the 2023 Legislative Session, three of WCPA’s priority bills will address accountability. The fourth bill is about violence prevention. Our friends at ACLU-WA have suggested the following analysis - Four Paths of Accountability:
Civil Rights – A survivor or a family member sues the officer, city, and/or department for violating their rights. If successful, victims of police violence can receive damages, or a monetary settlement to cover some of the costs of the harm suffered. Under current law, there are many obstacles to this path, including the doctrine of qualified immunity.
Criminal Charges - The county prosecutor or city attorney charges an officer with a crime such as assault, manslaughter, etc. by finding their misconduct criminal and the case goes to court. The officer could potentially be sentenced to jail or prison.
Regulatory - The misconduct reaches the level of possible decertification, which means that an officer would lose their license to be an officer in Washington and couldn’t simply work at a different department here. Based on complaints from the public, or reports from the law enforcement agency, the Criminal Justice Training Commission (CJTC) convenes a panel of law enforcement officers and members of the public to evaluate the case.
Officer Discipline - This form of discipline results in the officer being fired, suspended, or otherwise disciplined by their department.
How do these Four Paths of Accountability align with WCPA’s Legislative Agenda for 2023?
WCPA is supporting two bills regarding Civil Rights:
1) Private Right of Action In the coming session, WCPA will support a bill sponsored by Rep. Thai to allow victims and their families who are injured by police violence to sue for violations of the state constitution or state laws, without the shield of qualified immunity.
2) AGO Patterns and Practices Investigations A bill from Rep. Hansen will empower the Attorney General’s Office to investigate patterns and practices of misconduct within specific agencies or departments and address policies, practices, training, and to bring a lawsuit against the department. This will help ensure that WA will have a baseline of quality policing consistent with our constitution and state laws.
WCPA is supporting one bill regarding Criminal Charges:
Office of Independent Prosecutor
In 2021, WCPA advocated for the creation of a state Office of Independent Investigation (OII) to provide investigations of officer use of serious or deadly force. That office is being put in place. In 2023 we will work on a bill from Rep. Stonier to align that office with a statewide Office of Independent Prosecutor (OIP). This means the 39 separate county prosecutors, who work closely with local law enforcement, will not make charging decisions in cases of serious or deadly use of force by an officer. Instead, the results of OII investigations will go to the state Office of Independent Prosecutor for charging decisions.
In addition to the three bills mentioned above, WCPA is addressing our mission to reduce police violence by regulating how police respond to non-moving traffic violations such as expired tabs. WCPA is working with Senators Nguyen and Lovick on a Traffic Stops Safety bill for the 2023 legislative session.
It is not too early to let legislators know you support these proposals:
Creating a Private Right of Action for Injuries from Law Enforcement Violations of Law
Authorizing AGO Patterns and Practice Investigations
Creating a state Independent Prosecutor for Deadly Force Cases
Ending traffic stops for non moving violations
Stay tuned for information on a WCPA press conference to highlight this legislative agenda.
