Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that prohibits police from using tear gas and "less-lethal" projectiles on protestors.

Highlights:

• Prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or non-compliance with a law enforcement directive (Sec. 1).

• Requires each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website (Sec. 1).

• Requires reporting to happen monthly and these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create a state-mandated local program (Sec. 1).

• Requires each law enforcement agency to report to the Department of Justice monthly, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following (Sec. 2):

• An incident involving the shooting of a civilian by a peace officer;

• An incident involving the shooting of a peace officer by a civilian;

• An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; or

• An incident in which the use of force by a civilian against a peace officer results in serious bodily injury or death.

• Requires that each incident be reported and the information reported to the Department of Justice must include, but not be limited to, all of the following (Sec. 2):

• The gender, race, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• Whether the civilian was armed, and, if so, the type of weapon;

• The type of force used against the officer, the civilian, or both, including the types of weapons used;

• The number of officers involved in the incident;

• The number of civilians involved in the incident; and 

• A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions of behavior or mental disorders.

• Requires each law enforcement agency to, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile or chemical agent for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident (Sec. 2).

• Establishes that for each incident, the summary will be limited to that information known to the agency at the time of the report and will include only the following (Sec. 3):

• A description of the assembly, protest, demonstration, or incident, including the approximate crowd size and the number of officers involved;

• The type of kinetic energy projectile or chemical agent deployed;

• The number of rounds or quantity of chemical agent dispersed, as applicable;

• The number of documented injuries as a result of the kinetic energy projectile or chemical agent deployment; and

• The justification for using the kinetic energy projectile or chemical agent, including any de-escalation tactics or protocols and other measures that were taken at the time of the event to deescalate tensions and avoid the necessity of using the kinetic energy projectile or chemical agent.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits police from using tear gas and "less-lethal" projectiles on protestors.

Highlights:

• Prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or non-compliance with a law enforcement directive (Sec. 1).

• Requires each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website (Sec. 1).

• Requires reporting to happen monthly and these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create a state-mandated local program (Sec. 1).

• Requires each law enforcement agency to report to the Department of Justice monthly, in a manner defined and prescribed by the Attorney General, a report of all instances when a peace officer employed by that agency is involved in any of the following (Sec. 2):

• An incident involving the shooting of a civilian by a peace officer;

• An incident involving the shooting of a peace officer by a civilian;

• An incident in which the use of force by a peace officer against a civilian results in serious bodily injury or death; or

• An incident in which the use of force by a civilian against a peace officer results in serious bodily injury or death.

• Requires that each incident be reported and the information reported to the Department of Justice must include, but not be limited to, all of the following (Sec. 2):

• The gender, race, and age of each individual who was shot, injured, or killed;

• The date, time, and location of the incident;

• Whether the civilian was armed, and, if so, the type of weapon;

• The type of force used against the officer, the civilian, or both, including the types of weapons used;

• The number of officers involved in the incident;

• The number of civilians involved in the incident; and 

• A brief description regarding the circumstances surrounding the incident, which may include the nature of injuries to officers and civilians and perceptions of behavior or mental disorders.

• Requires each law enforcement agency to, within 60 days of each incident, publish a summary on its internet website of all instances in which a peace officer employed by that agency uses a kinetic energy projectile or chemical agent for crowd control. However, an agency may extend that period for another 30 days if they demonstrate just cause, but in no case longer than 90 days from the time of the incident (Sec. 2).

• Establishes that for each incident, the summary will be limited to that information known to the agency at the time of the report and will include only the following (Sec. 3):

• A description of the assembly, protest, demonstration, or incident, including the approximate crowd size and the number of officers involved;

• The type of kinetic energy projectile or chemical agent deployed;

• The number of rounds or quantity of chemical agent dispersed, as applicable;

• The number of documented injuries as a result of the kinetic energy projectile or chemical agent deployment; and

• The justification for using the kinetic energy projectile or chemical agent, including any de-escalation tactics or protocols and other measures that were taken at the time of the event to deescalate tensions and avoid the necessity of using the kinetic energy projectile or chemical agent.

Full Bill Text