SSB 5584
In CommitteeSenate
Independent prosecutor
Establishing the position of independent prosecutor within the office of the governor.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill expands the Office of Independent Investigations and Prosecutions (OII) to include full prosecutorial authority over cases involving use of deadly force by officers or correctional staff, as well as related offenses. It establishes an independent prosecutor with final decision-making power, sets strict hiring standards, and mandates transparency in charging decisions.
- The Office of Independent Investigations and Prosecutions (OII) gains authority to investigate and prosecute criminal charges—including related offenses—arising from use of deadly force by officers or correctional staff, and other incidents under its jurisdiction.
- An independent prosecutor, appointed by the OII director, will have final decision-making authority over hiring, charging, and litigating cases, with strict eligibility criteria including background checks and no history of bias or misconduct.
- The independent prosecutor must keep individuals subjected to use of force (or their survivors) informed about case status, hearings, and outcomes, and must ensure victims’ rights are upheld.
- If multiple prosecutors (e.g., attorney general, county prosecutor, independent prosecutor) file charges for the same offense, courts must decide which prosecution best serves justice, then dismiss the others.
- If charges are declined in a fatal use-of-force case, the independent prosecutor must publish a written report explaining the decision on a public website.
- The office may appoint assistant and special assistant prosecutors, and can employ legal interns; all staff must undergo training in antiracism, bias recognition, and trauma-informed practices.
Who is affected
- Independent prosecutor and their staff — The independent prosecutor will have full authority over hiring staff, filing charges, and managing prosecutions in cases involving use of deadly force by officers or correctional staff, including related offenses.
- County prosecuting attorneys — County prosecuting attorneys retain authority over cases involving crimes committed by individuals who were the subject of an officer’s use of force, but may face overlapping jurisdiction in related cases.
- Individuals subjected to use of force (or survivors) — Individuals who experienced deadly force by officers or correctional staff (or their families) will have rights to updates, notifications, and victim support under state law, and will be central to the review and prosecution process.
- Law enforcement agencies and involved officers — Law enforcement agencies (including police departments and corrections facilities) must report incidents to the office, cooperate with investigations, and may see prosecutions handled by the independent prosecutor instead of local authorities.
- General public — The public will receive transparent reporting on charging decisions in fatal use-of-force cases, and may benefit from improved trust in the fairness and independence of investigations.
Pro/Con Analysis
Potential Benefits (5)
The bill preserves county prosecutors’ authority over crimes committed by individuals who were the subject of an officer’s use of force, avoiding unintended jurisdictional overreach and maintaining balanced accountability across actors.
Public SafetyRef: NEW SECTION. Sec. 1(3)The office may prosecute ‘related offenses and defendants’—including crimes discovered during use-of-force investigations—preventing evasion of accountability through fragmented charges and enabling comprehensive justice.
Public SafetyRef: NEW SECTION. Sec. 1(2)The independent prosecutor has final decision-making authority over hiring, charging, and litigation, with strict eligibility criteria (background checks, no bias/misconduct history), reducing the risk of local conflicts of interest in police-involved shootings.
Public SafetyRef: NEW SECTION. Sec. 1(5); NEW SECTION. Sec. 2(5)The office gains explicit authority to conduct prosecutions of deadly force cases (in-custody and out-of-custody), closing a gap in the original OII structure that only authorized investigations, not prosecutions.
Public SafetyRef: NEW SECTION. Sec. 11; RCW 43.102.030(1)(a)The advisory board includes a sheriff or police chief who is also a member of an independent investigation team, ensuring law enforcement expertise informs oversight without compromising independence.
Public SafetyRef: NEW SECTION. Sec. 15(1)(vii)
Potential Concerns (5)
Victims of deadly force (or survivors) gain enforceable rights to updates, notifications, and victim support under RCW 7.69.030, including access to press conferences and advance notice of media releases. This ensures affected individuals are not sidelined in cases involving state actors.
Public SafetyPeopleRef: NEW SECTION. Sec. 3(2)Mandatory public written reports explaining charging decisions in fatal use-of-force cases improve transparency and public accountability, reducing the risk of perceived or actual bias in local prosecutions.
Public SafetyPeopleRef: NEW SECTION. Sec. 6The office covers expert witness and prosecution-related costs, while counties remain responsible for court administration and public defense costs for indigent defendants. This reduces financial burden on families pursuing justice in fatal force cases, especially where local prosecutors previously had conflicts of interest.
Public SafetyPeopleRef: NEW SECTION. Sec. 1(4)The office gains authority to review and investigate prior deadly force cases when new evidence emerges, enabling redress for historical injustices and preventing miscarriages of justice that went uncorrected under prior local prosecution models.
Public SafetyLean peopleRef: NEW SECTION. Sec. 10; RCW 43.102.030(1)(b)The bill requires the office to develop protocols for communication with involved officers, subjects of force, families, and the public—including translation services and tribal consultation—which improves procedural fairness across diverse communities.
Public SafetyRef: NEW SECTION. Sec. 12; RCW 43.102.050(2)(d)(viii)
Who Is Most Affected
Law enforcement officers and agencies benefit from reduced local political pressure in investigations and a more predictable, standardized prosecutorial process. However, they face increased risk of prosecution by an independent body with no local ties.
County prosecutors retain authority over crimes by subjects of force, but lose exclusive control over use-of-force cases—reducing their influence in high-profile incidents but avoiding perceived conflicts of interest.
Individuals subjected to deadly force (or survivors) gain enforceable rights to updates, victim support, and transparency, significantly improving access to justice in cases previously dominated by local prosecutors with ties to involved agencies.
The general public benefits from increased trust in fairness and impartiality of investigations, especially in cases involving police or corrections staff, due to structural independence and mandatory transparency requirements.
The independent prosecutor and staff gain unprecedented authority over high-stakes prosecutions, with final decision-making power and staffing autonomy—but operate under strict eligibility criteria and public accountability mechanisms.