States push for policing laws after Floyd’s death

RICHMOND, Va. — The death of George Floyd and widespread protests over racial injustice have prompted several states to pass policing overhaul proposals that in some cases have languished for years.

The urgency is bipartisan, as both Democratic and Republican majorities in various legislatures have moved quickly to pass bills banning chokeholds, making it easier to hold officers legally accountable for their actions, and other measures. GOP-controlled Iowa took about a week to pass a series of policing bills in mid-June. A week later, the Colorado Legislature, where Democrats hold the majority, passed a sweeping police accountability bill that sped through the legislative process with bipartisan support.

Minnesota passed a broad slate of police accountability measures that include a ban on neck restraints like the one used on Floyd before his death in Minneapolis. The state is one of only two in the country where partisan control of the Legislature is split.

“This kind of rapid response from legislators, on this type of issue particularly, is not something I’ve ever seen previously,” said Amber Widgery, a program principal on criminal justice issues at the National Conference of State Legislatures.

Since Floyd’s death in late May, there have been about 450 pieces of policing overhaul proposals introduced in 31 states, according to a count by the National Conference of State Legislatures. Many states had finished their normal legislative sessions at the time of Floyd’s death and are planning to address police accountability next year. But some states are having special sessions this year, and others moved quickly to pass bills during the normal legislative calendar.

California’s Legislature is in the final month of a session repeatedly interrupted by the pandemic, and lawmakers are pushing to enact nearly a dozen police-related laws. One would require law enforcement officers to immediately intercede and report what they believe to be the use of excessive force by a fellow officer. Another would allow criminal suspects to apply for victims’ compensation if they were injured by police’s use of excessive force.

Another state expected to take action soon is Virginia, where a new Democratic majority disappointed some criminal justice overhaul advocates earlier this year with a go-slow approach. Now lawmakers are set to debate a variety of policing and other measures in a special session starting later this month.

One proposal that has drawn pushback would downgrade the charge of assault on a police officer from a felony to a misdemeanor in cases where the officer is not injured.

Law enforcement officials’ reaction to the state-level push has been mixed, with police groups supporting some measures and opposing others. In Colorado, a new law that eliminated the qualified immunity defense that generally protects government workers from lawsuits was strongly opposed by some police. Officials say a handful of veteran officers in the state have since resigned, saying the financial risk isn’t worth it.

The protests have not moved every state toward putting new limits on police powers. If anything, protests in Missouri have only fueled backlash and pro-police sentiment, primarily among Republican elected officials.

With the state Legislature in a special session, Republican Gov. Mike Parson, a former sheriff who is campaigning to keep his seat in November, directed lawmakers to focus on an uptick in violence in the state’s largest cities. He dismissed bipartisan calls from Black legislators and activists for the Legislature to address police accountability issues, saying those issues need to be debated next year.

In Oregon, where the most populous city, Portland, has experienced some of the country’s fiercest clashes between law enforcement officers and protesters, lawmakers will return for a second special session starting this week to address the state’s budget.

During a special session in June, the Legislature passed several policing bills, including a measure that limits the use of chokeholds and another creating a statewide police discipline database.

Now some are pushing for the Legislature, which Democrats control by large majorities, to be more aggressive and use the second special session for even more police-related action. Measures the Oregon Legislature might consider include a total ban on the use of tear gas, requirements that officers display their last names and badge numbers, and a prohibition against chokeholds under all circumstances.

(AP/Ringo H.W. Chiu) In this May photo, police officers fire rubber bullets during a Los Angeles protest over the death of George Floyd. California lawmakers are pushing to enact nearly a dozen policing law changes driven by nationwide protests after Floyd’s death.