Key public safety and cannabis issues addressed this session

The 2019 Legislature addressed several city-related public safety policy issues during the 2019 session, including the use of deadly force by law enforcement, additional funding for the Basic Law Enforcement Academy (BLEA), and establishing requirements for the removal of firearms during a domestic violence incident.

During the past few sessions, the Legislature has considered amending the law that provides protection for a law enforcement officer’s use of deadly force. An initiative to the Legislature last session, Initiative 940 (I-940), proposed changes to the deadly force law. I-940 also proposed new training requirements and created a duty for law enforcement officers to provide first aid. After significant negotiations with proponents of the Initiative, the Legislature amended then passed I-940—violating the state constitution. I-940 went to the ballot last November without those amendments, and voters approved it. In the opening days of the 2019 Legislative session, legislators passed HB 1064 to amend the new deadly force law as passed by the voters. The bill passed both chambers unanimously and took effect on February 4, 2019.

One of AWC’s priorities was increased funding for BLEA, the training that all new law enforcement officers in the state must complete. The operating budget appropriated funding for a total of nineteen BLEA classes annually, and also included seven Corrections Officer Academy classes in the first budget year, and six classes in the second.

Domestic violence and firearms were passionately debated this session. HB 1225 passed the Legislature and addressed firearms removal during a domestic violence call. The bill creates a uniform standard for police officers to remove firearms when responding to a domestic violence call. A firearm seized under these circumstances may not be returned sooner than five business days.

Also this session, the Legislature appropriated $10.4 million dollars to address a backlog of nearly 10,000 untested rape kits. Currently, the state crime lab receives 250 new kits every month, but only has capacity to test 213. The appropriation is aimed at hiring additional staff and resolving this backlog over the next two years.

On the cannabis front, arguably the most significant legislation adopted occurred with the passage of SB 5605. Seven years after Washington voters legalized marijuana possession, the Legislature approved SB 5605 to allow persons with prior convictions of misdemeanor marijuana possession to apply to the sentencing court for a vacation of their conviction record. The applicant must have been at least 21 years old at the time of the offense. The court must vacate the applicant’s conviction record. Once the court vacates a record of conviction, the person is released from all penalties and disabilities resulting from the conviction, and that conviction is not included in the person's criminal history for purposes of determining a sentence in any subsequent conviction. Thus, for all purposes, including employment applications and housing applications, a person whose conviction has been vacated may state that they have never been convicted of that crime.

City priorities – Outcomes

PRO – Funded 19 Basic Law Enforcement Academy (BLEA) classes per year, as requested. In addition, funded seven Corrections Officer Academy classes in the first year of the biennium and six in the second year.

CON – Failed to pass a proposal to reduce the maximum BLEA wait time from six months to two months (HB 1253/SB 5944).

Public safety & criminal justice bills

Cannabis bills