OLYMPIA, Wash. — Amendments to Washington's police pursuit law take effect on Thursday, which will allow law enforcement officers to engage in car pursuits more frequently.
In 2021, Washington state law increased the threshold for evidence required for a police pursuit while limiting the types of crimes that can result in chases. Legislators in support of the bill said they were seeking to balance the risks of letting a suspect speed away from police versus the risks of negative outcomes resulting from a high-speed chase.
The law has been blamed by law enforcement for an increase in crimes, like car thefts. Washington State Patrol logged nearly 8,000 incidents of drivers refusing to stop for troopers in the years after the 2021 law restricting police officers from chasing suspects.
A 2024 initiative amends the controversial 2021 law by restoring the authority of a police officer to engage in a pursuit when there is reasonable suspicion a person has committed a crime. This is the second change to the police pursuit law since it went into effect.
In 2023, lawmakers lowered the threshold for police to pursue a suspect from probable cause to reasonable suspicion for limited crimes. The limited crimes included violent offense, sex offense, or an escape; or DUI, vehicular assault, and domestic violence assault in the first, second, third, or fourth-degree offense.
Following the changes, law enforcement agencies across the state have taken different approaches in reaction to the new law, with some saying they would not change their pursuit policies that much.
On the other hand, Thurston County Sheriff Derek Sanders said his agency will now likely have one of the most aggressive pursuit policies in the state. Deputies will be encouraged to use pit maneuvers early in a pursuit, and they won't need permission to do so.
"I think it should be a state holiday," said Sanders, "I think it's that big a deal."
Sanders said the decision to engage in a chase should be left up to deputies and their supervisors. He said Thurston County's policy will allow pursuits for any crime.
"That includes defective mufflers and not using your turn signal. That's a very low-level crime, but eluding is a class C felony," said Sanders, "This person's not running because they didn't use their turn signal, this person's running from something more."
Sanders said Thursday morning, hours after the restrictions were lifted, one of his deputies got in a pursuit that would have been against state law the day before.
But he said it was called off over safety concerns.
Sanders said several factors must be considered before getting in a chase.
"The original offense, the time of day, construction, school zones, road conditions. Every scenario is different," said Sanders.
In Pierce County, Sheriff Ed Troyer says deputies will have to make sure the person they want to pursue poses a threat to the safety of others.
Not everyone is in agreement with the 2024 changes to Washington's police pursuit laws.
The Washington Coalition for Police Accountability said the group opposed the changes and that the laxened restrictions will lead to more collateral damage without any benefit to public safety.
KING 5 News reached out to other agencies to see what policy changes, if any, will come as a result of the state restrictions being lifted.
Nothing will change for the Seattle Police Department, which had more restrictions in place than the 2021 law. Seattle officers can only pursue someone suspected of a violent or sexual offense or those who pose a "significant threat" to the public.
According to King County Sheriff's Office Communications Manager Brandyn Hull, the office will "continue to evaluate" its policies.
"We recognize the critical importance of striking a balance between holding people accountable for their actions and the well-being of the community," Hull wrote in a statement to KING 5. "As with all policies and procedures mandated by the King County Sheriff’s Office, public safety is paramount."
To view the office's most up-to-date pursuit policy, click here.
According to Pierce County Sheriff's Department spokesperson Sgt Darren Moss, the department is only changing when deputies can initiate a pursuit.
"We scratched off all the specific RCWs in the passed bill from 2021 and replaced it with the current language of 'when a person has violated the law and poses a threat to the safety of others,'" Moss wrote in an email.
Moss stressed that it will not be the same as before the 2021 law; deputies will still have to determine if the suspect is a threat to the safety of others and not just identify if they've broken any laws.
"[It's] hard to say shoplifting poses a threat to others," Moss said.
In addition, deputies and supervisors have to decide if the risk of the pursuit outweighs the risk to the community. Meaning they won't chase a minor offense or a property crime offense if the pursuit is extremely dangerous, which was always PCSD policy.
"But if there is no risk to the public because it's 3 a.m. and the pursuit is on an empty highway that is not in a heavily populated area, then you could chase," Moss said.
The main change: It gives discretion back to the deputies and supervisors.
"Our people will know what is or is not safe. They are watching the behaviors, they know their driving ability, they know where schools are located, the times it would or would not be safe to allow a pursuit to continue," Moss said. "But most important is we trust them to make good decisions to keep our community safe and not put people at more risk."
Kent Police Chief Rafael Padilla released this statement to the community Wednesday that read, in part:
"This change came about when our state legislature passed the voter-led Initiative 2113. I want to acknowledge and thank the more than 400,000 Washington Residents who called for the change in the law.
I am pleased that an essential tool to combat crime has been restored. While I am in strong support of providing our officers the best ability to do their job, I want to assure the community that we will continue to exercise restraint, ensuring we do what we can to minimize the risk posed to the community. KPD policy and practice require a disciplined approach to vehicle pursuits, in which we terminate pursuits when the risk of the pursuit outweighs the need to apprehend the offender. That hasn’t changed.
To criminal offenders, be warned. The free pass to commit crime has been revoked and I want you to know that KPD will be relentless in our efforts to bring you to justice."