One theme that has persisted in the Oregon Legislature since the special sessions of the summer of 2020 and following on the death of George Floyd in Minneapolis in March of last year is policies used by police forces, especially against minorities and in the context of large crowds and ultimately riots.

State Representative Janelle Bynum has introduced HB 2928 which has been assigned to the House Judiciary Committee which she chairs, meaning that the bill will probably move -- in some form -- from her committee and to the floor by tomorrow morning. Much of the testimony on the bill was from persons who participated in the Portland riots, and had direct experience of crowd control measures.

This bill "regulates use of chemical incapacitants, kinetic impact projectiles and sound devices by law enforcement agencies," effectively neutering the police's ability to use moderate measures to control large, unruly, and rioting crowds. The end result is that police are left with two options: Either use intense, severe and possibly lethal force against individuals, or back off and do nothing.

The summary on the bill continues:

Creates private cause of action for person injured by unlawful use of chemical incapacitants, kinetic impact projectiles and sound devices by law enforcement agencies. Prohibits law enforcement agency from using proxy law enforcement agency to enact measures that court or statute has barred law enforcement agency from using. Prohibits law enforcement agency from acting in concert with another law enforcement agency to engage in misconduct barred by statute or court order. Eliminates immunity from claims under Oregon Tort Claims Act arising out of riot, civil commotion or mob action. Revives certain claims.

The assumption behind the legislation is that the police are somehow over-using or abusing crowd control measures. Each person can decide for themselves, but one only needs to take a look at Portland last summer to make that decision.


--Staff Reports

Post Date: 2021-03-09 11:00:09