State lawmakers mull changes to police reform laws that some say has hindered response

OLYMPIA, Wash. — Washington lawmakers are racing to fix a police reform law that has backfired on some of the state's most vulnerable residents.

Several local law enforcement agencies contend that it is a matter of life and death that they be given back the ability to use modified force to prevent people from leaving the scene of a crime in order to be questioned.

Last year, Democrats in Olympia passed ambitious police reform legislation, known as HB 2037, that included restrictions on the use of force.

Law enforcement groups said it has hindered their ability to detain people in mental health crisis.

But police insist they have been handcuffed by the new police reforms, some key lawmakers are trying to undo the trouble and confusion that has resulted.

Modifications to HB 2037 are scheduled to be heard and voted on Thursday by the House Public Safety Committee. And HB 1788 is also set for a vote. It would restore some ability for police departments to resume pursuits of suspect vehicles.

Police say they can’t do their work if people can merely walk away from them at a crime scene before being questioned. The new reforms say they can’t use force to make them stay.

That was a debatable interpretation of the law, but one that cities across the state adopted as they sought to shield their police from liability for possibly misusing force.

Behavioral health experts say that in the six months since the law took effect, it has become more difficult to get help for people in crisis, with tragic results.

“I’ve heard from many police agencies that they’re unable to stop a criminal suspect from just walking away or running away,"said Rep. Roger Goodman (D-Kirkland), who sponsored the bill originally. "And that creates a potentially more dangerous situation.”

“From my perspective," said Whatcom County Sheriff Bill Elfo, "I’ve been in law enforcement my 48th year (and) I’ve never seen any piece of legislation so devastating as the effect of eliminating this standard. And it’s really impaired our ability to apprehend criminals and investigate crime.”

Goodman said that is because police officers would then have to use even more force to make an arrest for obstruction.

The new bill fixes that by returning to police the ability to use reasonable force to keep someone on the scene for questioning.

But families of loved ones killed by police worry this could lead to excessive force.

Shelly Washington, aunt of Kevin Peterson Jr, who was killed by Clark County Sheriff's Office deputies said, “All of the families know that police do not need even more authority to use violence against Black men like my nephew. Police have all the authority they need.”

“HB 2037 will allow for the use of physical force when someone is fleeing," said Debbie Novak, mother of David Novak, who was killed by a Spokane police officer. "The officer stated that David was fleeing into his home, so this makes it okay to shoot him in the back? He was walking through his front door when he was shot. It does not make it okay. These out-of-control responses need to stop.”

The legislation has rekindled concern about police exceeding their authority when making stops.

“There are no words, actions or legislation that is going to fix the loss of a loved one," said Hoquiam Police Chief Jeff Myers. "So all we can do is hopefully (have) legislation that balances the interest of government and the interests of the public safety at large and the interests of protecting the civil liberties of individuals.”

Said Goodman: “It’s a careful balance between giving the police to put hands on someone who is suspected of committing a crime and preventing the police from using excessive force in those circumstances.”