Category Archives: Legislation

State Lawmakers Approve Police Pursuits

Bellingham Defense Attorney, Eluding, law enforcement, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

10 crazy Southern California police car chases - Los Angeles Times

This week, Senate Bill 5352 passed with a vote of 26-22. This legislation would lower the requirements for police pursuits passed the Washington state Senate on Monday. In recent public statements, Governor Inslee indicated that he would approve the new law.

If signed, police may engage in a pursuit if they have “reasonable suspicion” a person has committed or is committing a violent or sexual crime. These crimes include Assault, DV cases, Vehicular Assault and DUI. Following the bill’s passage, law enforcement agencies have greater ability to pursue people during and immediately after a crime.

“It allows us to use our training, experience in judgement in making these difficult decisions in whether to pursue somebody or not . . . It allows us just those few extra tools to deal with these situations.” ~Marco Monteblanco, Washington State Fraternal Order of Police.

Under the current law, police can only chase a suspect when they have proof of a crime involving violence, a sex crime, or a DUI.  As a result, law enforcement agencies argued that current restrictions give criminals confidence to flee and lead to more crime.

Opponents like State Representative Darya Farivar (D-Seattle)  said police chases are too dangerous and do not always result in arrests.

“It’s a risk for absolutely everyone,” she said.  “It’s everyone from the subject of the pursuit, to the passenger in the vehicle, to bystanders, to law enforcement.”

Rep. Farivar added that she also opposed the new legislation because she said minorities and underprivileged groups are often disproportionally targeted by police.

“It’s not just the individual who may or may not be at fault of something (to be impacted by police pursuits). There are a lot of people who can be hurt,” she said.

In 2021, Olympia legislators passed House Bill 1054, which barred high-speed pursuits except in very limited circumstances.

The law was included in a series of police reforms passed in response to the murder of George Floyd and other high-profile police killings. The reforms were aimed at addressing racial disproportionality in policing.

According to Washington State Patrol (WSP), before the change between 2014 and 2020, an average of 1,200 drivers per year fled from police. In 2022, after the change, 3,100 drivers fled from police, a spike of over 150%.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Bill Strengthens Prosecution of Hate Crimes

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Say No To Hate Crimes - City of Renton

A bill passed in Washington is expanding the state’s definition of a hate crime and strengthens the ability to prosecute those crimes. Governor Jay Inslee signed Senate Bill 5623 into law on April 6 after it was passed with overwhelming support in the House and Senate earlier this year.

“This bill takes the common sense step of recategorizing hate crimes as crimes against a person and also provides our communities with the justice they deserve in the wake of these traumatic crimes.” ~ King County Prosecuting Attorney Leesa Manion

Senator Manka Dhingra sponsored the legislation. She states that Hate Crime offenses are reclassified as crimes against persons. The bill also replaces the phrase “physical injury” with “assault” in the definition of Hate Crime to account for more situations. Assaults that are meant to intimidate and demean, like spitting on someone, will now be grounds for prosecution as a Hate Crime.

ESB 5623 modifies the conduct that constitutes a Hate Crime offense to include when a person maliciously and intentionally assaults a victim because of the person’s perception of certain characteristics about the victim. Including the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability.

SB 5623 will allow courts to impose therapeutic treatment for offenders meant to rehabilitate them. This is something that the victims of hate crimes often ask for in court. The bill also expands the definition of a hate crime. Right now, assaults have to result in a physical injury for it to be considered a hate crime.

Under the new bill, assaults that are meant to intimidate or demean but don’t result in injury can be considered a hate crime. An example of that would be spitting on someone. Supporters of the bill say hate crimes are corrosive to society and make communities feel unwelcome.

In Washington state, there were more than 500 hate crimes committed against a person in 2021, according to the Department of Justice. Their data shows the biggest motivators of hate crimes are largely race and ethnicity, followed by sexual orientation and then religion.

If prosecuted for a Hate Crime offense, the trier of fact may infer that a person intended to threaten a victim if the person committed one of the following acts:

  • Burns a cross on the property of a victim who is or whom the person perceives to be of African American heritage.
  • Defaces the property of a victim who is or whom the person perceives to be of Jewish heritage by defacing the property with a swastika.
  • Defaces religious real property with words, symbols, or items that are derogatory to persons of the faith associated with the property.
  • Places a vandalized or defaced religious item or scripture on the property of a victim who is or whom the person perceives to be of the faith with which that item or scripture is associated.
  • Damages, destroys or defaces religious garb or other faith-based attire belonging to the victim or attempts to or successfully removes religious garb or other faith-based attire from the victim’s person without the victim’s authorization.
  • Places a noose on the property of a victim who is or whom the person perceives to be of a racial or ethnic minority group.

Words alone do not constitute a Hate Crime offense unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute a Hate Crime offense if it is apparent to the victim that the person does not have the ability to carry out the threat.

A Hate Crime offense is a class C felony and is punishable by a maximum sentence of five years of imprisonment, a $10,000 fine, or both. In addition, the victim of a Hate Crime offense may bring a civil cause of action against the perpetrator. Claims can include actual damages, punitive damages of up to $100,000, and reasonable attorneys’ fees and costs.

The bill will go into effect this summer, on July 23.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Senate Passes Bill to Change Police Pursuit Law

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Mayors and police across WA push to change 'police pursuit' law | KNKX Public Radio

Last week, the WA Senate passed Senate Bill 5352. This bill allows a law enforcement officer to initiate a chase if the officer has reasonable suspicion that a person in a vehicle has committed or is committing a crime. Current law sets a higher threshold of probable cause in order to engage in a chase.

Under the measure, crimes for which a pursuit can be undertaken include a violent offense, a sex offense, domestic violence-related offenses, DUI, or Eluding. It limits vehicular pursuits to situations where the subject of the vehicular pursuit poses a serious risk of harm to others.

Additional requirements of the bill include:

  • Other law enforcement agencies or surrounding jurisdictions impacted by the pursuit are notified.
  • The pursuing officer must be able to communicate with others and the dispatch agency.
  • There must be a plan to end the pursuit as soon as it’s practical.
  • The officer must have completed an emergency vehicle operator’s course, updated emergency vehicle operator training in the past two years and be certified in at least one pursuit intervention technique, such as spike strips or other deflation devices.

The bill passed 26-23 with 16 Democrats and 10 Republicans in support. Thirteen Democrats and 10 Republicans voted against it. The bill heads next to the House for consideration.

The bill follows an element of policing reform passed in 2021 in response to the 2020 police murder of George Floyd in Minneapolis and other police killings. The goal of the reforms was to reduce the potential for violence and death in police responses.

The 2021 measure toughened the requirements for officer pursuit. Officers now need probable cause to arrest someone before initiating a pursuit rather than reasonable suspicion. Some law enforcement officials and city leaders say the revision emboldened suspected criminals to flee crime scenes before authorities could question them.

Those seeking greater police accountability contend communities are safer as fewer innocent bystanders have been injured or killed with the decline in high-speed chases.

Sen. John Lovick, D-Mill Creek, a former state trooper and Snohomish County sheriff, sponsored the bill.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

SB 5467 Proposes Drug Possession Charges As Dismissable Misdemeanors

Bellingham Defense Attorney, Drug Offenses, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Drug possession would be reclassified as felony under Senate bill | king5.com

This legislative session, lawmakers are split over how to respond to the state Supreme Court’s Blake decision. That ruling struck down the state’s felony drug possession law. It essentially invalidating decades of criminal convictions and related penalties, like orders to pay restitution for such violations.

SB 5467 would make possession a misdemeanor and order completion of treatment to overturn the conviction and dismiss charges. If the person willfully abandons or rejects treatment, then a 45-day jail sentence would be imposed.

SB 5467, recently heard in committee, would provide an effective solution to the rampant problem of public drug use. This is an outside-the-box policy idea that is treatment-forward but with accountability for failure to undergo treatment. Many mayors, community members and police officers have personally expressed that the current system of essentially recommending to users that they go to treatment, without any charges filed or accountability applied, is not working. This bill provides a better path.

Under this bill, a person could be charged with a gross misdemeanor if they possess illegal drugs. If the person completes the substance use disorder treatment prior to their conviction being entered, the court would be required to dismiss the charge. If a conviction is entered, the court could not sentence to jail but would order the person to undergo treatment based on their treatment needs. If the person completes the treatment, the conviction would be overturned and dismissed.

If the person willfully abandons treatment or demonstrates a consistent failure to engage in treatment, however, the court would be required to impose at least 45 days of jail.

The requirement for treatment would be subject to the availability of treatment and the availability of funding for it. If treatment or funding were not available, the court would not be allowed to sanction the person with jail time for noncompliance.

This bipartisan bill has been co-sponsored by twelve Democratic and four Republican senators.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Traffic Fatalities Reach High in 2022

Bellingham Defense Attorney, DUI, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

WTSC: Traffic deaths in Washington reach 20-year high – KIRO 7 News Seattle

Preliminary reports from the Washington Traffic Safety Commission (WTSC) showed 745 people were killed in crashes in 2022. Apparently, the number of people killed on Washington roads has now reached levels the state hasn’t seen in decades.

The rate of the year-over-year increase is something the commission said it hasn’t seen since the 1970s.

Impairment by drugs and alcohol is involved in more than half of fatal crashes. According to a December 2022 report from the National Highway Traffic Safety Administration (NHTSA), “Alcohol-involved crashes resulted in 14,219 fatalities, 497,000 nonfatal injuries, and $68.9 billion in economic costs in 2019….”

“During 2017 through 2021, 32 percent of fatal crashes in Washington involved alcohol positive drivers,” said WTSC Director Shelly Baldwin. “Alcohol impairment, whether alone or in combination with other drugs, continues to be a leading risk factor in traffic fatalities.”

Health and safety experts have long advocated for states to reduce the blood alcohol concentration (BAC) per se limit for DUI from 0.08 to 0.05 percent. The state of Utah and more than 100 countries have set BAC limits at 0.05 percent or less. The Washington Legislature is currently considering Senate Bill 5002, which would change the state’s limit to 0.05.

“The goal of this bill is not to increase the number of DUI arrests but to remind and encourage people to avoid driving after drinking and thereby save lives. This was the outcome in Utah, and we expect a similar impact in Washington State.” ~Washington State Patrol Chief John Batiste.

At a BAC of 0.05 percent, a driver has reduced coordination and ability to track moving objects, difficulty steering, and delayed response to emergency driving situations. “The evidence is clear that a driver’s ability to drive safely and react to unexpected traffic conditions is affected when their BAC reaches 0.05 percent,” Baldwin said.

If passed, the legislation would go into effect on July 1, 2023.

The WTSC reminds all people in Washington that there are simple things we can do to prevent impaired driving like planning ahead for a sober ride home if you will be out drinking. Friends and loved ones can help to prevent DUIs by being a sober designated driver, calling a rideshare, or offering a place to sleep.

WTSC analysis shows impaired drivers are more likely to speed and less likely to wear seat belts. These factors increase crash risk and are more likely to result in death.

If passed, the legislation would go into effect on July 1, 2023. There’s also growing momentum for an update to the “Cooper Jones Act.” This legislation requires drivers involved in serious or deadly crashes to have their license re-examined.

Many factors lead to traffic fatalities. Increasing public safety is almost always a step in the right direction.  However, please contact my office if you, a friend or family member are charged with DUI, Vehicular Assault any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Law Allows Police to Use Street Racing Videos to Track Down Violators

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Skagit County Criminal Defense, Street Racing, Whatcom County Criminal Defense, , , , ,

Street racers are taking over roads with deadly consequences as laws struggle to keep up | KATU

Florida passed a new law allowing street racing videos to be used as evidence to track down violators. Florida House Bill 399, which Governor Ron DeSantis signed earlier this year, went into effect October 1. It bans everything from street takeovers to drag racing to doing donuts on public roads.

Under this law, police don’t have to physically see the incident take place to go after violators. They can simply track down violators based on the license plates, the cars and the people in the video. Violators can be charged with a  misdemeanor and face a possible fine between $500 and $1,000. If charged, they also risk losing their driver’s license up to one year.

There was essentially no opposition to the bill in Florida’s legislature. It passed unanimously.

For now, there is only a patchwork of laws across the country that criminalize the dangerous activity. Because there’s no federal legislation about the issue, individual municipalities are left to come up with their own solutions.

According to Insurify, just in the 10 states they examined, the penalties for street racing range from just a $20 fine to a year of jail time. Insurify also conducted studies which found the following:

  • National averages. Across the United States, 3.48 per 100,000 drivers have a street racing violation on record. Plain old speeding is much more common, as a whopping 9,175 drivers per 100,000 report a speeding ticket on their record — that’s nearly 1 in 10 drivers. The penalty for street racing differs widely by state, ranging from as little as $20 to as much as $2,500 among states with the most street racers. Jail time and temporary license revocation are also possible punishments.
  • Despite the attention, street racing is still rare. Road racing has been on the rise for the past couple of years in America, and its flashy nature tends to draw headlines. Overall, however, street racing is a rare occurrence. For perspective, police issue more than 2,600 speeding tickets for every 1 street racing citation. Despite racing’s outsized fame, plain and simple speeders are who pervade the roads.
  • Street racing is inversely related to population density. Researchers at Insurify found a significant negative correlation (R = −0.27, p < 0.05) between a state’s street racing rate and its population density. This means that states with fewer residents per square mile are more likely to have high rates of street racing and that states with a high number of residents per square mile are more likely to have low rates of street racing. Coupled with the knowledge that road racing levels increased during early COVID-19 shelter-in-place orders, this is further evidence that emptier roads are attractive to drivers with a penchant for racing.

My opinion? Expect similar laws to spread around the country. Street racing is an activity on the rise, from Baltimore and Portland to Seattle and Salt Lake City, and many more communities all across America. Chicago recently formed a task force to try to tackle the problem. Just this past month, Phoenix police said four people were killed as a result of street racing. The issue took root during the Coronavirus Pandemic, when roads normally clogged with commuters suddenly emptied, opening the door to a surge in illegal street racing.

Please contact my office if you, a friend or family member are charged with Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

When Rap Lyrics Are Used Against You In Court.

Bellingham Defense Attorney, ER 401, ER 402, ER 403, ER 404(B), Evidence, Harassment, Legislation, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Why Are Rap Lyrics Being Used As Evidence in Court?

Journalist Sam Levins reports that California could soon limit the admissibility of rap lyric evidence at trial.

Last week, California lawmakers passed new regulations meant to restrict such use of rap lyrics as evidence in criminal court, the first-of-its-kind legislation expected to become law in the US. Experts say that although the impact of the new policy will be narrow, it is a step forward in putting guardrails on a prosecutorial practice that all too often has worked to criminalize the artistic expression of young Black and Latino men.

THE HISTORY BEHIND ADMITTING RAP LYRICS AS EVIDENCE AT TRIAL.

According to the article, more than 500 reported cases of prosecutors using rap music as evidence against defendants. The practice started to surge in the 2000s, when authorities began to rely on social media in cases against amateur rappers.

The lyrics are typically cited to suggest “gang affiliation”, proof of crimes and intent, or demonstrate a rapper’s “violent” character or threats. The strategy was used against famous artists like Snoop Dogg in the 1990s, Drakeo the Ruler in 2018 and Tekashi 6ix9ine in 2019.

Professor Jack Lerner, a University of California, Irvine Law School professor, is an expert on the subject. He says the tactic is used across the nation. Apparently, the American Prosecutors Research Institute released a 2004 manual encouraging the use of lyrics in search warrants and trials.

RAP MUSIC ON TRIAL.

Although there are rare cases where words or music videos may be linked to specific criminal offenses, experts say research shows their use in court has often worked to prejudice jurors against young men of color.

Multiple studies have found that associating defendants with rap music creates a strong negative bias in jurors. People are significantly more likely to perceive lyrics as violent, offensive, dangerous and literal if they are from rap, compared to other genres.

Researchers have also found widespread examples of prosecutors taking lyrics out of context, presenting them in inaccurate and misleading ways, treating fictional lines as facts or confessions and using music to expand charges and secure convictions and lengthy sentences.

“Prosecutors talk to each other and see this is a very effective tactic, and that it’s unlikely to be reversed on appeal. So why wouldn’t you do this if your goal is to lock people up, whether they’re guilty or not?” ~Dr. Erik Nielson, University of Richmond Professor

CALIFORNIA’S PROPOSED LAW BANNING THE ADMISSION OF RAP LYRIC EVIDENCE AT TRIAL.

The new California law places limits on when prosecutors can cite defendants’ “creative expression” in court. It applies to all genres of music, dance, film and other art forms, though the law acknowledges that using rap lyrics in particular creates a substantial risk of prejudice. Reggie Jones-Sawyer is the California state representative behind the bill.

The law requires judges to hold a hearing without the jury present to consider the admissibility of the evidence and whether it would “inject racial bias into the proceedings”.

A pending bill in New York introduced earlier this year would prohibit rap lyrics unless there was “convincing proof that there is a literal, factual nexus between the creative expression and the facts of the case”.

Federal lawmakers have introduced legislation similar to California’s bill, and the Recording Academy and major labels have backed the reforms.

WASHINGTON LAW ON CHARACTER EVIDENCE.

Under Evidence Rule 404, evidence of any other crime, wrong, or act is generally not admissible as character evidence. However, the evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.  Judges typically apply a balancing test  to determine whether character evidence is relevant, probative or prejudicial.

My opinion? Let’s hope California’s legislation passes. This is a viable way to stop overzealous prosecutors from using creative expression, which should never be prohibited.

Please contact my office if you, a friend or family member are charged with Harassment or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Protecting Pot Shops

Bellingham Defense Attorney, Drug Court, felony, Legislation, Mount Vernon Criminal Defense Attorney, Robbery, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Brazen Weed Dispensary Robbery Happened At 4:20 AM | NowThis - YouTube

Great article from King 5 discusses the Washington Senate passing a pot shop protection bill.

Senate Bill 5927 adds a year to a prison sentence of someone convicted of first- or second-degree robbery of a cannabis retailer. It’s the same sentence that is given to someone who robs a pharmacy.

The passage of the bill in the Senate follows rising concerns over violent robberies at cannabis shops. This bill would make improvements for not just the benefit of the retailers themselves, but for the public safety of the community as a whole.

“When people would ask the infamous bank robber Willie Sutton why he robbed banks, Sutton simply replied, ‘Because that’s where the money is.’ Well, that’s why people rob marijuana retailers. Due to federal banking rules, these businesses are almost entirely cash-only operations, making them a target for robberies and a magnet for criminals.” ~Bill sponsor Sen. Jim Honeyford (R-Sunnyside)

Tom Bout, the founder of the Cannabis Professionals Network, made a spreadsheet tracking the crimes he could find records for. He counted more than 30 crimes since November 2021.

A spokesperson for the Washington State Liquor and Cannabis Board said it has been working to communicate safety guidelines with business owners.

The state Liquor and Cannabis Board said it is communicating these safety tips with cannabis retailers:

  • Hire armed security guards
  • Make frequent cash deposits so there isn’t much cash available in shops
  • Post signs in businesses explaining that staff don’t have access to much cash
  • Clearly communicate safety guidelines with staff so they know what to do in the event of a robbery.

Bout said the Washington State Liquor and Cannabis Board is not doing enough to protect cannabis retailers.

“They have not communicated with the stores. Like, you’d think that they would put on an alert to let everyone know that this has happened,” he said during a previous interview.

Interesting times, no? Years ago, selling and possessing marijuana was illegal. Nowadays, we’re passing laws bringing enhanced penalties to people who rob our pot shops.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Fleeing a Crime Scene

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Savannah Police Sing To Their Suspect When They Catch Him | Police humor, Savannah chat, Men in uniform

Are Washington’s new search and seizure laws allowing suspects to flee crime scenes?

According to journalist , police may regain authority to use force to stop people fleeing crime scenes. The newly proposed HB 2037 allows police to use physical force if people flee from these brief investigative detentions.

HB 2037 arrives after HB 1310 was recently enacted to regulate use-of-force tactics by police. HB 1310 forbids police officers from using force to detain someone unless they have enough evidence to arrest them. Before last year’s reforms, police could use force, including handcuffs, to detain someone briefly while they sought out more evidence.

Law enforcement officials say HB 1310 prevents them from investigating a crime scene before people scatter. However, defenders of HB 1310 say people might run from police out of fear, not guilt, and racial bias could play a role in their detention.

Radil reports that Angelina Smalls is the sister of Bennie Branch, who was killed by Tacoma police in 2019. She spoke against the new bill at the legislature this week.

“Because Bennie fled, under HB 2037, police would have authority to use force to stop him . . . I think House Bill 2037 is an invitation for abuse by police officers. Legislators should be protecting communities from needless violence, not creating more opportunities for police to harm people.” ~Angelina Smalls

DeRay McKesson, co-founder of the national police reform group Campaign Zero, also spoke against the bill. He said physical force still turns into deadly force too easily, and police can track down the person when they have more evidence.

Democrats who helped pass the police reform laws say they’ve been traveling the state, hearing from law enforcement, victims of crime and affected families.

Please review my Search and Seizure Legal Guide for more information on this topic. And please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Policing Mental Health

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Use of Force against Inmates with Mental Disabilities in US Jails and Prisons | HRW

Excellent article in the Olympian by reporter Brandon Block describes how the Washington State Attorney General’s Office is refuting claims by police departments that new reform legislation – HB 1310 – prevents them responding to non-criminal calls.

A confidential memo issued by an Assistant Attorney and a Deputy Solicitor states the following:

“Washington statutes and case law recognize responding to community caretaking calls as part of a law enforcement officer’s duties . . . Bill 1310 does not prohibit peace officers from responding to community caretaking calls, including mental health calls.” ~Assistant Attorney General Shelley Williams and Deputy Solicitor General Alicia O. Young

Police departments across the state have announced drastic cuts to service and characterized those decisions as a response to a series of police reform and accountability laws that went into effect on July 25. Much of the discrepancy in interpretations has centered on HB 1310, which sets a statewide standard for police use of force and establishes an expectation of “reasonable care” for officers.

HB 1310 allows police to use physical force when necessary to make an arrest or prevent an escape, or when there is “an imminent threat of bodily injury” to the officer, person in question, or someone else. It directs officers to exhaust all possible de-escalation tactics before using force. It also directs police to use the least amount of force needed to overcome resistance, and take into account the characteristics of the person, such as whether they are pregnant, a minor, or are cognitively impaired.

The bill offers a list of possible tactics, including taking as much time as needed, repositioning, calling for backup or additional resources such as mental health workers, or leaving the scene “if there is no threat of imminent harm and no crime has been committed, is being committed, or is about to be committed.”

Some law enforcement officials — including the police chiefs in Olympia and Lacey — have interpreted those limitations on use-of-force as instructions not to engage with people until they witness a crime being committed.

“Nothing in the statute’s plain language indicates that specifying permissible uses of force prohibits an officer from responding to community caretaking calls,” the memo reads. “An interpretation that Bill 1310 limits or prohibits law enforcement officers from responding to calls that do not involve a crime — such as community caretaking calls to render aid — is contrary to legislative intent to preserve and protect all human life.”

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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