Chapter 10.114 RCW

USE OF DEADLY FORCE BY PEACE OFFICER

Sections

10.114.010Independent investigationAdoption of rules (as amended by 2018 c 10).
10.114.020Death of member of recognized Indian tribeNotice (as amended by 2018 c 10).


10.114.010
Independent investigation—Adoption of rules (as amended by 2018 c 10).

*** CHANGE IN 2019 *** (SEE 1064-S.SL) ***
Except as required by federal consent decree, federal settlement agreement, or federal court order, where the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force met the good faith standard established in RCW 9A.16.040 and satisfied other applicable laws and policies. The investigation must be completely independent of the agency whose officer was involved in the use of deadly force. The criminal justice training commission must adopt rules establishing criteria to determine what qualifies as an independent investigation pursuant to this section.

NOTES:

Reviser's note: The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void.
Rule making2018 c 10; 2018 c 11 (Initiative Measure No. 940); 2019 c 1 (Initiative Measure No. 940): See note following RCW 43.101.455.
Contingent effective date2018 c 10: See note following RCW 9A.16.040.



10.114.020
Death of member of recognized Indian tribe—Notice (as amended by 2018 c 10).

*** CHANGE IN 2019 *** (SEE 1064-S.SL) ***
Whenever a law enforcement officer's application of force results in the death of a person who is an enrolled member of a federally recognized Indian tribe, the law enforcement agency must notify the governor's office of Indian affairs. Notice by the law enforcement agency to the governor's office of Indian affairs must be made within a reasonable period of time, but not more than twenty-four hours after the law enforcement agency has good reason to believe that the person was an enrolled member of a federally recognized Indian tribe. Notice provided under this section must include sufficient information for the governor's office of Indian affairs to attempt to identify the deceased person and his or her tribal affiliation. Nothing in this section requires a law enforcement agency to disclose any information that could compromise the integrity of any criminal investigation. The governor's office of Indian affairs must establish a means to receive the notice required under this section, including outside of regular business hours, and must immediately notify the tribe of which the person was enrolled.

NOTES:

Reviser's note: The Washington supreme court ruled in Eyman v. Wyman, 191 Wn.2d 581, 424 P.3d 1183 (2018) that 2018 c 10 is void.
Rule making2018 c 10; 2018 c 11 (Initiative Measure No. 940); 2019 c 1 (Initiative Measure No. 940): See note following RCW 43.101.455.
Contingent effective date2018 c 10: See note following RCW 9A.16.040.