Engrossed Senate Bill 5352 would lower the threshold for police pursuits from ‘probable cause’ to ‘reasonable suspicion’ in cases of those suspected of committing the most serious crimes

Brett Davis
The Center Square Washington

An amended version of a bill that would allow police officers to engage in vehicle pursuits of suspects on a limited basis passed the Washington State House of Representatives just after midnight Tuesday morning.

Engrossed Senate Bill 5352 would lower the threshold for police pursuits from “probable cause” to “reasonable suspicion” in cases of those suspected of committing the most serious crimes, including a violent offense, a sex offense, vehicular assault, domestic violence-related offenses, driving under the influence, and trying to escape arrest. 

Other provisions of the bill passed by the House require a pursuing officer in a jurisdiction with fewer than 15 – rather than 10 – commissioned officers to request the on-call supervisor be notified of the pursuit, as well as requiring officers to have training regarding whether it is safer to pursue a suspect or safer not to pursue a suspect.

The bill passed on a 57 to 40 vote, with many lawmakers from both parties voting for and against legislation that seemed to please no one. Because the bill was slightly amended in the House Community Safety, Justice, & Reentry Committee, it now goes back to the Senate for further consideration.

Rep. Kelly Chambers, R-Puyallup, voted against ESB 5352, saying the measure doesn’t go far enough. 

“You know, vehicle pursuit has been one of the most talked about issues this session,” she said from the House floor late Monday night. “Really, for the last two years since this body passed a no-pursuit policy, and this – this – is the best we can come up with? This doesn’t do enough, not even close. This doesn’t come close to protecting kids across the state, and families are expecting us to protect them.” 

House Bill 1054, passed by the Legislature and signed into law by Gov. Jay Inslee in 2021, limits police to engaging in a pursuit if there is “probable cause” to arrest a person in the vehicle for committing a specific violent crime or sex offense such as murder, kidnapping, drive-by shooting, and rape.

Since the law was enacted in July 2021, the number of people failing to stop for police has spiked, and auto thefts have increased.

Amber Goldade, a private citizen, was also critical of ESB 5352.

Goldade’s 12-year-old daughter, Immaculee, was killed in January 2022 in a hit-and-run crash in Midland by a man who had stolen a flatbed pickup truck. The younger Goldade’s best friend was with her at the time and was injured in the crash. 

“The watered-down version of SB 5352 is weak and won’t protect the most vulnerable,” Goldade said in a news release. “It would not have protected Immaculee and her best friend Kathleen and countless others affected by the police being restricted from pursuing stolen vehicles. Forbidding the police to pursue stolen vehicles is causing a lawless society. In a lawless society more innocent people will die.”

She added, “I’m asking for this bill to be completely restored to the original HB 1363 version and allow full police pursuits.”

Rep. Debra Entenman, D-Covington, voted against ESB 5352 because she thinks it goes too far.

“I do not want in any way want anyone here to believe that I do not believe that we need a police force,” she said. “I do believe we need community policing, and that starts with building trust and relationships. I am asking you to vote ‘no’ because people…trusted us when we passed 1054, and they are disappointed we are now rolling back something that they thought put us on the path to the first step where we could have police accountability and work towards justice for all. Black lives matter, madame speaker.”

Rep. Gina Mosbrucker, R-Goldendale, reluctantly voted for the bill.

“It’s a very small step forward, but we are moving it,” she said during a Tuesday morning Republican legislative leadership media availability event. “I look forward to having it move to the Senate for further consideration.”

What happens when the bill returns to the Senate remains to be seen.

“This is going to go down to the wire,” Sen. John Braun, R-Centralia, said during the media event. “You know, it’s encouraging and discouraging at the same time.”

On the one hand, the Republican Senate leader said it’s a chance to advocate for a better bill in the Senate.

“But as part of that advocating for a better bill, there’s always a risk that the bill will die entirely,” Braun said. “That shouldn’t happen, because there’s clearly votes to do it.”

This report was first published by The Center Square Washington.