A bill that restricts the types of law enforcement tactics available to police officers has passed both legislative chambers.

HB 1054 passed the Legislature after a successful conference between the House and Senate. A last-minute concern about when tear gas can be utilized briefly slowed down the bill while details of the bill were worked out. As agreed upon in conference, the tear gas provision now states that tear gas may not be utilized unless necessary to alleviate a present risk of serious harm posed by a riot, barricaded subject, or a hostage situation. Prior to using tear gas, an officer or public agency employee must:

• Exhaust alternatives to the use of tear gas.
• Obtain authorization to use tear gas from a supervising officer.
• Announce to the subject or subjects the intent to use tear gas.
• Allow sufficient time and space for the subject or subjects to comply with the officer’s directives.

In the event of a riot outside of a correctional facility, the officer may use tear gas only after receiving authorization from the highest elected official of the jurisdiction in which the tear gas is to be used, in addition to following the steps described above.

The bill has been sent to the Governor for signature.