House Bill 1064 to amend Washington I-940 was introduced on December 17, 2018. It passed unanimously in the House on January 24 and unanimously in the Senate on January 30, 2019, sending it to the desk of Gov. Jay Inslee (D) for his signature.
Initiative 940 was designed to create a legally-defined good faith test to determine when the use of deadly force by police is justifiable, require police to receive de-escalation and mental health training, and provide that police have a duty to render first aid. It removed the requirement that prosecutors show that a law enforcement officer acted with malice to be convicted. I-940 was approved in November 2018 by 59.6 percent of voters.
House Bill 1064 was designed to amend I-940 as passed by voters in 2018. Specifically, the bill amends provisions relating to I-940’s standard for the use of deadly force. Under I-940, officers would have been required to show that they believed they were acting in good faith when they used deadly force. The new language under HB 1064 uses a different test: whether another officer acting reasonably in the same circumstances would have believed deadly force was necessary.
The bill was also designed to require the state to reimburse law enforcement officers for defense costs if charges against an officer are dismissed or if they are found not guilty of charges surrounding unjustified use of deadly force. The bill also modified provisions of I-940 regarding independent investigations of deadly force incidents, training requirements, and more. HB 1064 was the result of a compromise between supporters and opponents of I-940.
Ken Thomas, president of the Washington Association of Sheriffs and Police Chiefs board, said, “We believe this new deadly-force standard — clarified and agreed-upon by HB 1064 — provides a clear and objective standard that can be clearly understood.”
Before the election, a deal was made and state legislators approved bills designed to enact I-940 and immediately amend it without it going on the ballot. Ultimately, a court ruling required that the initiative go before voters at the November 2018 election.
In Washington, a two-thirds majority vote in the legislature is required to amend an initiative passed by voters within two years following a measure’s approval. Five states along with Washington have a supermajority requirement in the legislature to appeal or amend an initiative. Eleven states have no restrictions on legislative alteration of initiatives. California and Arizona are the only two states that require voter approval for changes to or the repeal of citizen-initiated state statutes.
In 2017 and 2018, Ballotpedia tracked nine other initiatives in five states and D.C. that were amended or repealed through legislative alteration. Moreover, proposals were introduced but ultimately failed for the legislative alteration of two additional initiatives in 2017.
Utah Proposition 2, the medical marijuana initiative of 2018, was altered by the legislature the month after it was approved by voters. The Utah Senate is expected to pass a bill altering Proposition 3, the Medicaid expansion initiative, in the coming days.
Click here to read more about legislative alteration of citizen initiatives.