A bill governing police pursuits in Washington has many things for the public and law enforcement to like. Even those who believe it does not go far enough to correct mistakes in the current law should recognize that the new legislation is an improvement and reflects responsive and representative democracy.
Senate Bill 5352 aims to restore law enforcement’s ability to pursue and capture suspected criminals, adjusting parameters set forth in a 2021 police-reform law. The bill, which Gov. Jay Inslee has indicated he will sign, lowers the threshold for police to pursue a suspect from probable cause to reasonable suspicion for a violent offense or some other crimes. Reasonable suspicion is a lower threshold than probable cause.
The contentious nature of the compromise could be seen in voting from Southwest Washington legislators. All local Democrats voted in favor, while Republicans from the area were divided.
Senate Republican Leader John Braun of Centralia called the measure a “half-step” toward improving the law. “While I appreciate that the majority allowed a pursuit-reform bill to pass the Legislature, I am disappointed that certain legislators, through their own hubris, posed such an enormous barrier to improving public safety,” he wrote in a statement.
Indeed, discussion of the bill was, at times, hampered by political extremism and overstated concerns about the risks of police pursuits. But in the end, a majority of Democrats and numerous Republicans agreed on reasonable reforms to a law that had drawn the ire of law enforcement leaders throughout the state.
Police chiefs and sheriffs often said the 2021 law contributed to a rise in crime, with officers feeling they had no recourse but to let certain suspects drive away. Whether or not it is related to the law, a report this week that Washington had the nation’s second-highest rate of auto thefts in 2022 reinforces the concerns of residents.
In discussing the pending legislation in March, Clark County Sheriff John Horch said: “This bill gives us a lot more leeway. It’s not a total fix for what they messed up with pursuits during the big push for police reform, but it’s a large step in the right direction.”
Whether it is a large step or, as Braun suggested, a half-step, the new legislation is important to ongoing efforts at police reform. The Legislature has approved several laws in the past three years to enhance oversight and accountability for law enforcement.
Those steps have been necessary. For example, analysts previously had judged Washington to have the nation’s most lax laws regarding the use of deadly force. The use of such force — along with training, community policing and numerous other issues — was addressed during the 2021 legislative session. Several of the measures passed at that time have been rolled back in subsequent legislation, as unintended consequences have become evident.
That is a function of representative democracy, with legislation constantly being refined to balance the needs of public safety with the rights of the public. As Marco Monteblanco, president of the Washington Fraternal Order of Police, said in 2021: “While we disagree with several provisions of the bills signed by the governor, this approach is what’s necessary to begin rebuilding the trust, confidence and relationships we need within the communities we serve.”
Reforms to police-pursuit laws are a reasonable and necessary path to building that trust and confidence.
