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Tuesday, March 19, 2024
March 19, 2024

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Donnelly: Pursuit reform unites legislators, police

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According to the Washington State Patrol, “fleds” — law enforcement’s term for criminals fleeing crimes with no police pursuit — more than doubled from 2021 to 2022. And no wonder, considering that in 2021, Gov. Jay Inslee signed a law restricting the conditions under which police may pursue a vehicle to cases in which probable cause can be established with certainty.

With on-scene police officers unable to instantaneously establish probable cause, they hesitated. Criminals soon became confident the higher standard would protect them from pursuit. Increasingly unaccountable, miscreants thumbed their noses at law enforcement. Disrespect for the law then spread to noncriminals, some of whom now simply drive away from lawful traffic stops by police.

Reflecting the public’s exasperation with brazen crime, many leaders in both parties now agree that the 2021 probable cause standard went too far. So, in the 2023 session, reform of the vehicle pursuit standard — tilting it back toward “reasonable suspicion”— has bipartisan support for companion bills in the House (HB 1363) and Senate (SB 5352).

The measure’s wording restores a nuanced measure of empowerment to law enforcement: “A peace officer may not conduct a vehicular pursuit unless there is reasonable suspicion a person in the vehicle has committed or is committing a criminal offense and the safety risks of failing to apprehend or identify the person are considered to be greater than the safety risks of the vehicular pursuit under the circumstances.” The bill spells out safety conditions to be considered, such as speed, weather and traffic.

Locally, Sens. Annette Cleveland, D-Vancouver, and Lynda Wilson, R-Vancouver, are sponsors of SB 5352 and Sen. Ann Rivers, R-La Center, supports it. Reps. Sharon Wylie, D-Vancouver, Monica Stonier, D-Vancouver, Paul Harris, R-Vancouver, Greg Cheney, R-Battle Ground, Stephanie McClintock, R-Battle Ground, and Kevin Waters, R-Washougal, sponsor or support companion HB 1363.

Unfortunately, in the Senate, this bipartisan consensus could be upended by a single liberal Democrat, Sen. Manka Dhingra, D-Redmond, chair of the Senate Law & Justice Committee. Dhingra earlier opposed even moving SB 5352 out of committee, but has since indicated she may allow a hearing.

Of Dhingra’s power to single-handedly kill the measure, Rep. J.T. Wilcox, R-Yelm, stated “one person absolutely should not be able to do it, and the only way they can do it is if their caucus empowers them to do that.”

On the other side of the Democratic divide, Sen. John Lovick, D-Mill Creek, former state trooper and Snohomish County sheriff, is the bill’s sponsor. Lovick, also Senate vice president pro tempore, must marshal his considerable powers to persuade Dhingra to hold a hearing.

Pursuit reform has a better outlook in the House. On Jan. 31, Clark County Sheriff John Horch submitted testimony. Horch asserted that “many in my community are wondering what authority we have if we can’t hold people accountable.” Cases in which pursuits were not permitted have included kidnappings, domestic violence assaults and burglaries, he observed.

Clark County Public Safety Alliance, activists opposing the crime surge, notified Horch and legislators that “we need HB 1363.”

Taking decisions away from police officers in vehicle pursuits hasn’t worked. Returning a limited measure of discretion to law enforcement will send a message to criminals that they do not hold all the power, to police officers that we expect them to use good judgment, and to their supervisors to apply leadership, training and accountability.

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