An overhaul of 2021's police accountability bills continues to move forward in the state Legislature. The latest:
When the legislative session got underway in January, there was near universal agreement from lawmakers on both sides of the aisle that police accountability laws passed in 2021 were in need of fixes.
The term “physical force” is not defined in E2SHB 1310 or in the law more generally, and therefore there is significant uncertainty as to its meaning. The most natural reading of the statute’s plain language is that physical force includes all acts by officers that involve violence, compulsion, or constraint used against another person’s body, even if it is unlikely to cause pain or injury.
“In light of this uncertainty, for the following reasons we strongly urge the Legislature to clarify its intent regarding these important questions,” Ferguson recommended.That work has been underway this session with a variety of bills on both sides of the aisle, aimed at providing clarity on questions such as the definition of physical force, when police can detain a person, and whether they can engage in vehicular pursuits and assist in Involuntary Treatment Act calls.
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