wa-law.org > bill > 2025-26 > HB 2508 > Substitute Bill
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
In addition to other responsibilities set forth in this chapter, the office shall:
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Analyze data available to the office and provide reports and recommendations as appropriate based on the data regarding issues, trends, and other relevant areas;
Provide reports on activities of the office as authorized under this chapter; and
Carry out such other responsibilities as may be consistent with this chapter.
The office has jurisdiction over, and is authorized to conduct investigations of, all cases and incidents as established within this section.
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The director may cause an investigation to be conducted into any incident:
Involving: (A) A use of deadly force by an involved officer ; or (B) any death that occurs during or after any other use of force by an involved officer if the use of force may have caused or contributed, directly or indirectly, to the death; or
Involving prior investigations of: (A) A use of deadly force by an involved officer; or (B) any death that occurred during or after any other use of force by an involved officer if the use of force may have caused or contributed, directly or indirectly, to the death, if new evidence is brought forth that was not included in the initial investigation.
This section applies only if, at the time of the incident:
The involved officer was on duty; or
The involved officer was off duty but:
(A) Engaged in the investigation, pursuit, detention, or arrest of a person or otherwise exercising the powers of a general authority or limited authority Washington peace officer; or
(B) The incident involved equipment or other property issued to the official in relation to his or her duties.
The director shall determine prioritization of investigations based on resources and other criteria which may be established in consultation with the advisory board. The director shall ensure that incidents occurring after the date the office begins investigating cases receive the highest priority for investigation.
The investigation should include a review of the entire incident, including but not limited to events immediately preceding the incident that may have contributed to or influenced the outcome of the incident that are directly related to the incident under investigation.
Upon receiving notification required in RCW 43.102.120 of an incident under the jurisdiction of the office, the director:
May cause the incident to be investigated in accordance with this chapter;
May determine investigation is not appropriate for reasons including, but not limited to, the case not being in the category of prioritized cases; or
If the director determines that the incident is not within the office's jurisdiction to investigate, the director shall decline to investigate, and shall give notice of the fact to the involved agency.
If the director determines the case is to be investigated the director will communicate the decision to investigate to the involved agency and will thereafter be the lead investigative body in the case and have priority over any other state or local agency investigating the incident or a case that is under the jurisdiction of the office. The director will implement the process developed pursuant to RCW 43.102.050 and conduct the appropriate investigation in accordance with the process.
In conducting the investigation the office shall have access to, and copies of, reports and information necessary or related to the investigation in the custody and control of the involved agency, 911 emergency communication centers, and any law enforcement agency responding to the scene of the incident as soon as possible. This includes, but is not limited to, voice or video recordings, body camera recordings, and officer notes, as well as disciplinary and administrative records except those that might be statements conducted as part of an administrative investigation related to the incident. In addition, the office shall have access to, and copies of, reports and information necessary or related to the investigation in the custody and control of any responding fire department or ambulance service; however, to the extent such information constitutes health care information, such information may only be provided with the consent of the patient or the patient's next of kin or pursuant to a court order.
The investigation shall be concluded within 120 days of acceptance of the case for investigation. If the office is not able to complete the investigation within 120 days, the director shall report to the advisory board the reasons for the delay.
An involved agency shall notify the office of any incident by an involved officer in accordance with the requirements under RCW 43.102.050 and pursuant to this section.
If the incident involves use of deadly force by an involved officer that results in death, substantial bodily harm, or great bodily harm, or any other use of force by an involved officer where there is good reason to believe the use of force may have caused or contributed, directly or indirectly, to a death, the involved agency must immediately contact the office pursuant to the procedure established by the director once the involved agency personnel and other first responders have rendered the scene safe and provided or facilitated lifesaving first aid to persons at the scene who have life-threatening injuries. This requirement does not affect the duty of law enforcement under RCW 36.28A.445.
If a death does not occur during or shortly after a use of force other than deadly force, notification to the office does not need to be made immediately after the scene is safe and lifesaving measures have been taken; provided, however, that the involved agency must notify the office as soon as there is good reason to believe the use of force may have caused or contributed, directly or indirectly to a death.
In all other cases, including any in-custody death, the involved agency must notify the office of the incident pursuant to the procedure established by the director.
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In any case that requires notice to the director under this section, the involved agency shall ensure that any officers or employees over which the involved agency has authority who are at the scene of the incident take all lawful measures necessary for the purposes of protecting, obtaining, or preserving evidence relating to the incident until an office investigator, or independent investigation team at the request of the office, takes charge of the scene.
The primary focus of the involved agency must be the protection and preservation of evidence in order to maintain the integrity of the scene until the office investigator or independent investigation team arrives or otherwise provides direction regarding activities at the scene. The involved agency should ensure that evidence, including but not limited to the following is protected and preserved:
Physical evidence that is at risk of being destroyed or disappearing and cannot be easily reconstructed, including evidence which may be degraded or tainted by human or environmental factors if left unprotected or unpreserved;
Identification and contact information for witnesses to the incident; and
Photographs and other methods of documenting the location of physical evidence and location and perspective of witnesses.
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When the office investigator, or independent investigation team acting at the request of the office, arrives at the scene of an incident under the jurisdiction of the office, the involved agency will relinquish control of the scene to the office investigator or independent investigation team upon the request of the office investigator. The involved agency has a duty to comply with the requests of the office related to the investigation conducted pursuant to this chapter.
Once the scene is relinquished, no member of the involved agency may participate in any way in the investigation, with the exception of the use of specialized equipment that is necessary for the investigation and where no alternative exists. If there is any equipment of the involved agency used in the investigation, steps must be taken to appropriately limit the role of any involved agency personnel in facilitating the use of that equipment or their engagement with the investigation.
If an independent investigation team takes control of the scene at the request of the office, the independent investigation team shall relinquish control of the scene and investigation at the request of the office when the office is on the scene or otherwise provides notice that the office is taking control of the scene. The independent investigation team may engage in the investigation if requested to do so by the lead office investigator, director, or the director's designee. The involvement of the independent investigation team is limited to activities requested by the office and must terminate following the securing of the scene and any evidence preservation or other actions as determined necessary by the office . The independent investigation team may not continue to participate in the ongoing investigation.
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No information about the ongoing independent investigation under the jurisdiction of the office may be shared with any member of the involved agency, except as follows:
Limited briefings given to the chief or sheriff of the involved agency about the progress of the investigation; or
Information essential to protect the safety of the community or the integrity of any ongoing, urgent criminal investigation; and
Sharing of the information will not impede the ongoing investigation being conducted by the office.
No information provided under (a) of this subsection may be divulged to any involved officers or witness officers. If any information is disclosed pursuant to (a)(ii) of this subsection, the following must also occur:
The office must document the exact information provided, to whom it was provided, and the reason it was provided;
The involved agency must agree in writing that no involved officer or witness officer will have access to the information other than what is released to the general public. Any press release containing information provided by the office pursuant to this section must be preapproved by the office; and
The person, family, or representative of any person who is the subject of the action by the involved officer that is under investigation by the office must be notified by the office that the information was provided and, as soon as possible without jeopardizing the integrity of any investigation, be provided with the information contained in (b)(i) and (ii) of this subsection.
If the office declines to investigate a case, the authority and duty to investigate remains with the independent investigation team or local law enforcement authority with jurisdiction over the incident.
The following investigative and private information is confidential and exempt from public inspection and copying under chapter 42.56 RCW:
All investigative records compiled or prepared by the office in connection with a review or investigation conducted pursuant to RCW 43.102.080(2)(a) (i) or (ii), until such time as the matter has been referred to the prosecutor for a decision on whether criminal charges should be filed; and
All noninvestigative records related to a review or investigation by the office to the extent they contain information that implicates an individual's personal privacy pursuant to RCW 42.56.050, including information concerning support services pursuant to RCW 43.102.050(2)(d).
The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter: