Overview of Initiative 940: to require more law enforcement training and to increase police officer liability on the use of deadly force
This measure is on the November 6, 2018 General Election ballot in Washington as an Initiative to the legislature. If passed by voters, it would create a new law that would require (1) a good faith test to determine when the use of deadly force by police is justifiable; (2) require police to receive de-escalation of violence and mental health training; and (3) provide that police have a duty to ren-der first aid. It would also remove the requirement that prosecutors must show that a law enforce-ment officer charged with assault acted with malice in order to be convicted.
A key provision in Initiative 940 would require a “good faith” test to determine when the use of deadly force by law enforcement officers is justifiable. The test would consist of two parts:
The first part, called the objective good faith test, would be met if “a reasonable officer, in light of all the facts and circumstances known to the officer at the time, would have to be believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.”
The second part, called the subjective good faith test, would be met if “the officer intended to use deadly force for a lawful purpose and sincerely and in good faith believed that the use of deadly force was warranted in the circumstance.”
The measure would also require an independent investigation to determine whether the use of deadly force met the good faith test’s objective component.
