Legislative Changes

This year, the Washington State Legislature enacted several new laws directed at statewide police reform. To ensure compliance with the new legislation, the Everett Police Department has undertaken changes to certain policies and procedures.  The specific laws are listed below.  

E2SHB 1310 - Use of Force                ESB 5476 - Drug Possession                          

ESHB 1054 - Police Tactics                ESHB 1267 - Office of Independent Investigation 

SSB 5066 - Duty to Intervene             E2SSB 5051 - Decertification 

The Everett Police Department remains committed to public safety and to doing everything we can within the constraints of the law to make Everett a safe place to live, work and visit.

  1. Police Department

    Physical Address
    3002 Wetmore Avenue
    Everett, WA 98201

    Phone: 425-257-8400
    Fax: 425-257-6500

  1. E2SHB 1310 - Use of Force
  2. ESHB 1054 - Police Tactics
  3. SSB 5066 - Duty to Intervene
  4. ESB 5476 - Drug Possession
  5. ESHB 1267 - OII
  6. E2SSB 5051- Decertification

EPD laws 2021 social HB1310E2SHB 1310

E2SHB 1310 specifically authorizes physical force only in situations where there is probable cause to make an arrest, to effect an arrest, to prevent crimes of Escape  and to protect someone from imminent threat of bodily injury.  

When using force officers must take many factors into consideration, such as:

  • When possible, exhaust available and appropriate de-escalation tactics prior to using any physical force;
  • When using physical force, use the least amount of physical force necessary to overcome resistance under the circumstances, which includes a consideration of the characteristics and conditions of the person for the purposes of determining whether to use force against that person and, if force is necessary, determining the appropriate and least amount of force possible to effect a lawful purpose.
  • Terminate the use of physical force as soon as the necessity for such force ends.
  • When possible, use available and appropriate less lethal alternatives before using deadly force.
  • Make less lethal alternatives issued to the officer reasonably available for his or her use.  

By July 1, 2022, the Attorney General must develop model policies on the use of force and de-escalation tactics consistent with these standards. However, the law went into effect on July 25th 2021, and agencies are already required to follow the new standard.


How this impacts the Everett Police Department

This new law restricts the use force in certain situations when there is probable cause or an imminent threat of injury to a person.  This may include calls for service in which police presence has historically helped resolve the incident. This may impact police response to 911 calls such as:

  • Mental health incidents
  • Juvenile related incidents
  • Assist fire/aid (medical calls)
  • Welfare checks

The Everett Police Department will still respond to these calls as staffing allows; however, the response will be more measured and may begin with a phone call to gather additional information.

This also affects an officer’s ability to detain a person suspected of criminal activity. Previously, officers could detain a person using reasonable physical force based upon reasonable suspicion that a subject had committed a crime, (I.E., they match the description, are driving a similar car, are in the area). E2SHB 1310 now requires officers establish probable cause prior to the use of any physical force to detain a noncompliant subject. This means that officers must conduct additional investigation prior to detention and may delay being able to detain suspects until the higher standard is met.  In some cases, a suspect may get away and never be identified.