Bill
SB 5927
SB 5927 requires tear gas deployment only after de-escalation, exhaustive alternatives, supervisor approval, and, for outside facilities, highest official authorization.
SB 5927 — Summary
Overview
SB 5927 would regulate and require procedural safeguards for the deployment of tear gas by law enforcement, including sheriffs. The bill amends RCW 10.116.030 (and related provisions from 2021 c 320 s 4) to establish when tear gas can be used, require prior steps and approvals, and clarify who has authority to authorize use in different circumstances. It explicitly excludes oleoresin capsicum (OC) from the definition of tear gas.
Key Provisions
- Authorized uses: A law enforcement agency may not use or authorize tear gas unless necessary to alleviate a present risk of serious harm posed by a riot, barricaded subject, or hostage situation.
- Preconditions before use: Before tear gas is deployed, an officer must:
- Exhaust alternatives that are available and appropriate under the circumstances.
- Obtain authorization from a supervising officer who determines whether the situation warrants tear gas and whether alternatives have been exhausted.
- Announce to the subject(s) the intent to use tear gas.
- Allow sufficient time and space for compliance with directives.
- Additional requirement for riots outside facilities: In riot situations occurring outside correctional facilities, tear gas may be used only after obtaining authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, and after meeting the requirements of the general pre-use procedures.
- Definitions:
- Barricaded subject: An individual focused on an intervention effort, occupying a position that blocks immediate law enforcement access and refuses exit.
- Highest elected official: County executive or sheriff (in charter counties with an elective executive), chair of the county legislative authority or sheriff in other counties; mayor or sheriff in cities/towns; governor for Washington State Patrol actions.
- Hostage situation: A scenario in which a person is held against their will by an armed or potentially armed suspect.
- Tear gas: Includes CN and CS (and similar irritants) dispersed to produce temporary discomfort or injury; OC is explicitly excluded from the definition.
- Statutory amendments: The changes modify RCW 10.116.030 and related provisions in 2021 c 320 s 4.
Affected Parties
- Law enforcement agencies and personnel, including sheriffs and peace officers.
- Jurisdictional leaders: highest elected officials (county executives, sheriffs, mayors, governors in certain contexts) who may authorize tear gas in riot situations outside facilities.
- Communities subject to policing activities involving crowd control or hostage/barricade scenarios.
Procedural and Timeline Aspects
- Status: First reading, referred to Law & Justice (as of January 8, 2024).
- Introduction/Prefile: December 29, 2023.
- The bill amends existing statutory language to formalize the approval process and definitions for tear gas deployment.
Notes
- The bill emphasizes a stepwise decision process, prioritizing de-escalation and alternatives, with escalation contingent on supervisory and, for certain scenarios, highest-level official authorization.
- No specific effective date is provided in the text excerpt; passage would place these requirements into effect upon enactment.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
