So far this session, we have seen several bills pass through committee trying to clarify police reform measures passed last year and address other public safety issues. Below is a quick update on where those bills are.

Alive

HB 1719 is a simple bill that clarifies that law enforcement officers can use less-lethal alternatives, such as bean bag rounds, fired from a rifle. The bill passed out of the Senate Law & Justice Committee last week and now awaits floor action.

HB 1735 takes on the tricky task of outlining when law enforcement officers may use physical force. As of right now, the bill expands permitted situations to include:

• Taking a person into custody, transport a person for evaluation or treatment, or provide other assistance under civil and forensic commitment laws.
• Taking a minor into protective custody when "authorized or directed by statute."
• Executing or enforcing a court order authorizing or directing a law enforcement officer to take a person into custody; execute a search warrant; or execute or enforce an oral directive issued by a judicial officer in the courtroom or a written order where the court expressly authorizes a peace officer to use physical force to execute or enforce the directive or order.

The bill passed out of the Senate Law & Justice Committee last week and now awaits floor action.

HB 2037 also touches on the use of physical force by a law enforcement officer. Under the bill, it provides a definition of physical force as well as clarifies that an officer can use physical force if a person refuses to comply with an investigative detention. The bill is set for a public hearing and executive session this week in the Senate Law & Justice Committee.

SB 5555 establishes the Public Safety Telecommunicator Certification Board (Board). The Board is tasked with creating a certification and statewide training program for public safety telecommunicators. While this bill could potentially add additional challenges to recruiting 911 operators, we also believe it will have long-term benefits to communities as the operators would receive standardized training. The bill passed out of the House Community & Economic Development Committee last week.

SB 5919 continues on as a bill modifying vehicular pursuits. The bill would allow officers to engage in a pursuit once reasonable suspicion is established as long as it is for crimes against persons or other criminal offenses where the public safety risks of failing to apprehend or identify the person are greater than the safety risks of the vehicular pursuit, under the circumstances. The bill is set for a public hearing and executive session this week in the House Public Safety Committee.

Dead

HB 1726 would have allowed law enforcement to use physical force when there is a reasonable suspicion that an individual has committed a specific offense, including assault, a violent offense or the crime of domestic violence. The bill clarifies that an officer may use physical force during a temporary investigatory detention. This bill was dropped and replaced by HB 2037.

HB 1788 allowed officers to engage in a vehicular pursuit only when there is reasonable suspicion that a person in the vehicle has committed or is committing a violent offense, escaping offense, or driving under the influence (DUI) offense. While not a companion bill, the changes from this bill are addressed in SB 5919.

HB 1845 would have provided funding for body worn cameras (BWC) and to offset costs associated with public records requests associated with BWC footage. Unfortunately, the bill never made it to the House floor for a vote.

SB 5568 would allow cities, towns, and counties to restrict the open carry of a firearm at any public meeting, building, or facility owned or operated by a municipality. The bill would have also provided the option for local governments to ban the open carry of firearms at a permitted demonstration within their respective jurisdiction.

Dates to remember

HB 2037 is scheduled for executive action in the Senate Law & Justice Committee on February 24 at 10:30 am.

SB 5919 is scheduled for a public hearing in the House Public Safety Committee on February 22 at 8 am. If is then scheduled for executive action in the same committee on February 24 at 10 am.