A bill restricting the kinds of law enforcement tactics police officers may use has passed both chambers and is now one step away from becoming state law.
HB 1054 passed out of the Senate (27 -22) and heads back to the House for concurrence. As amended by the Senate,
HB 1054 does the following:
- Prohibits the use of a chokehold or neck restraint on another person.
- Requires each law enforcement agency to compile an inventory of military equipment possessed by the agency and provide the inventory to WASPC no later than November 1, 2021.
- Modifies the use of tear gas by:
- Limiting its usage to during a riot to a riot that occurs inside a correctional facility as well as during a hostage situation;
- Allowing its use to be authorized by a supervising officer rather than the chief law enforcement officer; and
- Eliminating the requirement for a second notice of the intent to use tear gas after the initial notice and an opportunity to comply.
- Adjusts requirements for vehicular pursuits, including:
- Authorizing a vehicular pursuit when there is probable cause to believe a person has committed an escape or when there is reasonable suspicion a person has committed a driving under the influence offense;
- Requiring the person being pursued to pose an imminent threat to the safety of others;
- Adjusting language regarding authorization and consultation of a supervising officer;
- Requiring the officer to comply with agency procedures for coordinating with other pursuing officers and jurisdictions; and
- Defining vehicular pursuit.
- Allows a law enforcement agency to continue to acquire or use a mine-resistant ambush protected vehicle acquired from the military (MRAPs).
If the House agrees with the changes adopted in the Senate, the bill then heads to the Governor’s office for his signature.