Initiative 940 would require law enforcement to receive training in violence de-escalation, mental health and first aid, and require officers to provide first aid in certain circumstances. It would also change standards for use of deadly force and require an independent investigation any time use of force results in death or substantial harm. The following summary of I-940 is based on information from the Washington Voters Guide and the nonpartisan League of Women Voters.
Background of Initiative 940
I-940 is an initiative to the Legislature. This type of initiative provides the Legislature three options: Pass the law without amendment, place the measure on the ballot for the people to decide, or place the measure on the ballot along with a Legislature-provided alternative. Legislators went a fourth route with I-940. They approved the initiative and approved a bill, which was supported by the initiative’s sponsors and law enforcement, that would alter the initiative and take effect one day following the approval of I-940. The Legislature’s action was challenged, based on procedure and other issues, and the state Supreme Court ruled the Legislature’s action was unconstitutional and that I-940 would be the only measure on the ballot.
Initiative 940 would:
• Adopt a “good faith” standard that permits law enforcement officers to use deadly force only if (1) a reasonable officer, in light of all known facts and circumstances at the time, would have believed deadly force was necessary to prevent death or serious harm to the officer or another person, and (2) the officer intended to use deadly force for a lawful purpose and in good faith believed use of deadly force was warranted;
• Require an independent investigation by an outside agency any time an officer’s use of deadly force resulted in death or substantial bodily harm;
• Require all law enforcement officers to take violence de-escalation and mental health training developed by the Criminal Justice Training Commission, which would educate officers in the good faith standard for use of deadly force;
• Require law enforcement personnel to provide first aid to save lives, and require the Criminal Justice Training Commission to consult with law enforcement agencies to adopt guidelines for implementing this duty.
Supporters of Initiative 940 argue that:
• Washington ranks fifth in the nation in number of deaths from police use of force, but state law makes it very difficult to prosecute an officer for wrongful death, requiring proof of malice;
• I-940 creates a fair process to determine if an officer acted reasonably, using a good faith standard that is in place in 27 states, and requires an independent investigation of use of force that results in death or harm;
• Increased training and accountability for law enforcement officers will increase safety, particularly for minority communities and people with mental health problems. These communities are disproportionately affected by use of deadly force.
Opponents of Initiative 940 argue that:
• I-940 is bad public policy that would force police officers to hesitate in performing their responsibilities, potentially putting officers’ lives and the public at risk, and will not reduce violent interactions between the public and law enforcement;
• Portions of I-940 are confusing and costly to implement, and the measure fails to provide funding or resources to improve training;
• During the 2018 legislative session, a collaboration between the authors and supporters of I-940 and law enforcement resulted in an effort to review and reform some aspects of the initiative, and that effort should be allowed to continue in the next legislative session.
