An initiative relaxing restrictions on when police can pursue a vehicle was approved by Washington state lawmakers, and local law enforcement officials are working to understand the changes to react accordingly.
Initiative 2113, which won't take effect for three months, reverses some changes regarding pursuits made in police reform laws passed in 2021.
The new initiative will allow police to chase a suspect if they have a "reasonable suspicion" that the suspect has violated the law and threatens public safety.
The change passed in 2021 had far more restrictions. That law stated that a vehicle pursuit may only take place if the officer has probable cause to believe the fleeing suspect has committed or is committing a violent offense or sex offense or an escape.
The 2021 law also required chases to be approved by a supervisor.
In summary, the 2024 law would lower the standard from probable cause to reasonable suspicion, and no longer require the suspect be connected to a violent crime or sex crime for a chase to occur.
In 2021, Columbia County Prosecuting Attorney Dale Slack spoke about the difference between probable cause and reasonable suspicion.
Reasonable suspicion is when an officer "can point to specific and explainable facts that led him or her to make a rational inference that a crime may have been committed, and that the suspect may be the person who committed it," Slack said.
Probable cause, meanwhile, is a higher standard. Slack said it occurs when "facts and circumstances are based on reasonably trustworthy evidence that is sufficient to cause a reasonable and reasonably cautious person to believe that a crime has been committed, and that the suspect is the person who committed the crime."
The Washington Coalition for Police Accountability released a statement criticizing the new law.
"We opposed this substantive change in state law, as we believe it will lead to more injuries, more deaths, and increased collateral damage, without any benefit to public safety such as solving crimes or reducing lawlessness," Interim Executive Director Dr. Gary Damon Jr. said in a written statement.
Walla Walla Police Chief Chris Buttice, College Place Police Chief Troy Tomaras and Walla Walla County Sheriff Mark Crider released a joint statement saying the change would not result in local agencies conducting chases for non-serious crimes.
"While we understand the importance of apprehending criminals and maintaining public safety, we must always prioritize the well-being of our community members, officers and bystanders," the statement read. "Pursuits inherently pose risks, both to those involved in the pursuit and to innocent bystanders, and we are committed to minimizing these risks to the greatest extent possible ... Pursuits will only be initiated when the value of apprehending the criminal outweighs the associated risks."
The statement doesn't offer a lot of detail on what will change and what won't. The U-B asked WWPD spokesperson Sgt. Nick Loudermilk for information about what the department rules will be, and he said the department is still determining that.
Loudermilk only spoke for the WWPD.
Loudermilk said a third-party company that helps local departments write polices is still reviewing exactly what the change will allow and will then propose changes to the local policy for local leaders to decide. Loudermilk said in the meantime, everything will stay as it is for now.
He said even if the law does allow a full reversion back to pre-2021 policy, that doesn't mean the WWPD would go all the way back to that. He said it hasn't been decided whether elements such as supervisor approval of all chases will remain. But he did say local policy will still limit chases.
"If it is not someone we need to get right now, we are not going to chase," Loudermilk said.
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