The use of less-lethal weapons by law enforcement has sparked a divided reaction, especially in light of the demonstrations that followed the tragic death of George Floyd in 2020. There is now a possibility that the Texas legislature will advocate for their increased deployment.
Less-lethal devices are a diverse range of tools used by law enforcement officers to apprehend suspects without causing fatalities. These tools include batons, pepper spray, tasers, and bean bag rounds.
The Texas House Committee on Homeland Security and Public Safety has been assigned with the responsibility of assessing the utilization of these tools and finding ways to enhance the implementation of less-lethal devices in law enforcement. During a hearing on Thursday, various law enforcement stakeholders advocated for the increased use of non-lethal weapons.
“The removal of less-lethal options, or the political persecution of its deployment, eliminates the concept of de-escalation,” emphasized Jennifer Szimanski, the public affairs director for the Combined Law Enforcement Associations of Texas (CLEAT), during her testimony before the panel on Thursday.
The use of less-lethal weapons, specifically bean bag rounds, has been a major point of contention in Austin. During the May 2020 protests, Austin Police officers utilized these rounds, leading to numerous civil settlements and legal backlash due to injuries sustained by protestors. As a result, the use of bean bag rounds by APD was ultimately suspended last year.
According to an internal memo obtained by CBS Austin, the Austin Police Department (APD) has suspended the use of their Less Lethal shotgun due to concerns raised by the Travis County District Attorney’s Office (TCDAO). Robin Henderson, then-Chief of Staff of APD, stated that the TCDAO expressed apprehensions about the shotgun’s pattern of use and potential legal implications, including the possibility of future prosecutions.
According to Szimanski, the dialogue involved Travis County District Attorney José Garza requesting the removal of bean bag shotguns from law enforcement agencies. Garza also expressed his intention to classify these shotguns as firearms. Furthermore, Garza stated that going forward, if an officer uses or even aims a bean bag shotgun at a person, he will pursue charges of aggravated assault by a peace officer or deadly conduct and present them to the grand jury.
Democrats on the committee showed doubt about the effectiveness of these less-lethal weapons, highlighting the fact that they still have the potential to cause injuries.
John Wilkerson, a legislative liaison with the Texas Municipal Police Association, emphasized that while the term “less-lethal” is used, the word “lethal” still remains. He explained that less-lethal munitions and force can still be potentially lethal, especially if not used correctly. The intention behind using these measures is to prevent situations from escalating to a point where lethal force becomes necessary.
In the previous session, the Texas Senate approved a bill aiming to provide significant protection for law enforcement officers in cases involving the use of less-lethal weapons. However, this bill did not pass in the House. Szimanski mentioned on Thursday that CLEAT is currently engaged in developing comparable legislation.
