The Washington State Legislature has introduced HB 1726, a bill that will gut last year’s critical police use of force legislation, which the state passed to reduce police violence. The Washington Coalition for Police Accountability (WCPA), a group of families directly impacted by police violence, opposes HB 1726 and the dangerous and unconstitutional standard it would set if enacted.

HB 1726 Is Unconstitutional, Expands When Officers Can Use Force, And Will Harm Communities In a broad array of circumstances, HB 1726 authorizes officers to use physical force when they have reasonable suspicion a crime is being or was committed — a standard that is too low, dangerous, and is unconstitutional under the Fourth Amendment. Under a reasonable suspicion standard, officers can use force when they have just more than a hunch that someone is engaged in criminal activity. This standard is subjective and opens the door for officers to use force acting on the very prejudices that lead to discriminatory policing. The bill will increase racial profiling, violence, and is a step backwards from accountability.

Even under the constitutional standard that existed before HB 1310, there was too much police violence. Police got away with harming people, and even killing people when they were not even committing a crime – when they were in crisis, or when officers assumed criminality without evidence. HB 1726 would be a step backwards from the prior standard, rubber stamping the use of force based on minimal evidence. Thousands of people throughout Washington marched in the streets to demand accountability in policing, not to give officers more leeway to harm people. Allowing a reasonable suspicion standard is not what communities want. HB 1310 should not be rolled back.

HB 1310, which established a statewide requirement for police officers to de-escalate situations, allowed an officer to use force in situations where they have probable cause to make an arrest — a stricter standard that protects the safety of both the community member and the officer in a police interaction. And it is working: In 2021, police killings were down 62% in Washington, while nationally they were down only 5%. A reduction in police violence was the goal of the reform bills, and early data shows they are effective. The legislature should build on the success of the law, not tear it down.

“We went to the Legislature in good faith and worked hard to get HB 1310 enacted. The

Legislature took a stand to improve the profession of policing. They made a commitment to Washington communities and families last year to reduce police

violence. A calculated misinformation campaign has stoked fear and threatens to roll back that commitment. We won’t stand for it.” — Sonia Joseph, whose son, Giovonn Joseph McDade, was killed by Kent police in 2017.

The state should not overhaul laws because of a bad faith misinformation campaign that prioritizes fear over facts. The Legislature must keep its commitment to Washington communities and reject House Bill 1726.

WCPA 1-10-22