Law enforcement groups are urging Congress to fix a flaw in the leading police reform package that they believe will lead to more shootings and deaths — exactly the opposite intent of the George Floyd Justice in Policing Act of 2021.
In letters to Congress, the police are warning that the legislation will end the use of Tasers, seen by many as a less harmful way to subdue suspects.
At issue is language calling the use of electronic control weapons (including Tasers) “deadly force,” the same as firearms. The bill rushed through the House said that when used against a suspect “multiple” times, it becomes a deadly force weapon.
But the National Organization of Black Law Enforcement Executives and the Virginia Sheriffs’ Association said that is a misunderstanding of stun guns and why they are used and will likely result in officers instead just going for their firearms.
“If passed into law, this language will greatly undermine the utility of electrical control weapons (ECWs) and will result in an increase in deaths and serious bodily injuries to citizens and officers alike,” said the sheriffs.
Police said Tasers are a key first step to immobilizing suspects, and often, several shots are required. “Multiple discharges of an ECW can be important in the event the first deployment does not make a good connection with the subject and NMI is not achieved. In fact, two-shot ECWs were created for this purpose,” said NOBLE Executive Director Dwayne Crawford.
He also dismissed suggestions that the weapons are deadly, citing medical reports.
In elevating the weapons to far more dangerous firearms in the legal definition to be used against law enforcement, the groups said that officers will end up using guns because they will stop a suspect more effectively.
Currently, every police department has protocols on the criteria that have to be met before an officer can use “deadly force.” An expert said that the legislation would now add Tasers when shot twice or more at an unruly suspect. “If you’re a cop, what’s the point of carrying a Taser because you’re hamstrung? If faced with a threat or an uncooperative suspect that doesn’t yet meet the legal threshold of deadly force and you use a Taser, you’ve opened yourself up to criminal liability of using ‘deadly force’ when it wasn’t warranted. And on the flip side, if a Taser and a gun are now treated the same, why would any cop use a Taser when they can just as well use a gun?” said the expert.
Said Crawford, “ECWs have become ubiquitous with the concept of less-lethal force. And for good reason. They provide agencies and communities an option that is proven to quickly deescalate violent confrontations before they escalate to lethal force. Passage of the language in H.R. 1280 completely undermines the utility of these important tools. For these reasons, we respectfully request that the language referring to ECWs as deadly force be removed from the bill.”
Both groups plan to lobby key members of the Senate leadership and are working with the Senate authors, Sens. Tim Scott and Cory Booker, to iron out the issue.
