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Sec. 7. RCW 9A.16.040 and 1986 c 209 s 2 are each amended to read as follows:
(1) Homicide or the use of deadly force is justifiable in the following cases:
(a) When a public officer applies deadly force ((is acting)) in obedience to the judgment of a competent court; or
(b) When necessarily used by a peace officer meeting the good faith standard of this section to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty((.)); or
(c) When necessarily used by a peace officer meeting the good faith standard of this section or person acting under the officer's command and in the officer's aid: (i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;
(ii) To prevent the escape of a person from a federal or state correctional facility or in retaking a person who escapes from such a facility; ((or))
(iii) To prevent the escape of a person from a county or city jail or holding facility if the person has been arrested for, charged with, or convicted of a felony; or
(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon.
(2) In considering whether to use deadly force under subsection
(1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others. Among the circumstances which may be considered by peace officers as a "threat of serious physical harm" are the following:
(a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or
(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm. Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given, provided the officer meets the good faith standard of this section.
(iv) To lawfully suppress a riot if the actor or another participant is armed with a deadly weapon.
NEW SECTION. Sec. 9. Except where a different timeline is provided in this act, the Washington state criminal justice training commission must adopt any rules necessary for carrying out the requirements of this act within one year after the effective date of this section. In carrying out all rule making under this act, the commission shall seek input from the attorney general, law enforcement agencies, tribes, and community stakeholders. The commission shall consider the use of negotiated rule making. The rules must require that procedures under RCW 9A.16.040(5)(d) be carried out completely independent of the agency whose officer was involved in the use of deadly force; and, when the deadly force is used on a tribal member, such procedures must include consultation with the member's tribe and, where appropriate, information sharing with such tribe. Where this act requires involvement of community stakeholders, input must be sought from organizations advocating for: Persons with disabilities; members of the lesbian, gay, bisexual, transgender, and queer community; persons of color; immigrants; non-citizens; native Americans; youth; and formerly incarcerated persons.
non-citizens; native Americans; youth; and formerly incarcerated persons.
originally posted by: dreamingawake
a reply to: caterpillage
The whole of the state isn't liberal, far from it. It's Libertarian country that got infected by California Progressives. Don't forget the load of cash that supported the bill.
originally posted by: Look2theSacredHeart
a reply to: Guyfriday
Non citizens are not necessarily illegal. People with green cards, student visas, and H1B visas (PhD visas, pretty much) are legal. I don't see why they can't be included.
originally posted by: Look2theSacredHeart
a reply to: Guyfriday
This is basically a cover your ass bill. If there is any suspected police excessive use of force, the PD and the state can more easily just point at the officer. It's an HR move, not a substantial change.
originally posted by: ClanlessX
Uhh i live on the east side of WA. The top says deadly force is now allowed for just running while suspected of a felony. Scary times here. I gotta bail out of the nonsece and move away. Born and raised where im at and its really sad how things have become.