Coming this spring to the Legislature.
Black lawmakers at the Texas Legislature unveiled on Thursday the George Floyd Act, a sweeping police reform proposal that would ban chokeholds across the state and require law enforcement officers to intervene or render aid if another officer is using excessive force while on the job.
The legislation, spearheaded by members of the Texas Legislative Black Caucus, is named after Floyd, a Black man killed in Minneapolis police custody. Floyd died after a white police officer knelt on his neck for several minutes until and after he lost consciousness.
His death in May set off protests across the country and renewed debate over police brutality and racial inequity. And at the Legislature, which is set to meet again in January 2021 for a regular session, Floyd’s death has sparked new calls for policing and criminal justice reforms — including proposals that have failed at the Texas Capitol in recent years, often after opposition from police unions.
“We acknowledge that the road to justice in Texas — particularly for Black and brown people in Texas — has been fraught with dead ends, dead ends of white supremacy, racial hatred and bigotry,” state Rep. Harold Dutton, a Houston Democrat who chairs the caucus, said as he kicked off a virtual press conference, which included Floyd’s youngest brother, Rodney Floyd. “These dead ends have to go — and particularly the dead ends that relate specifically to law enforcement.”
The bill would also address qualified immunity, which shields government officials from litigation, by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” according to a caucus summary of the legislation. Another provision would end arrests for fine-only offenses like theft under $100, a version of which died dramatically in 2019 after union opposition.
“Those police officers who do wrong by unlawfully harming our families or our constituents, who violate the constitutional rights of others, will be held accountable and legally liable for their actions,” said state Rep. Shawn Thierry, D-Houston.
It’s unclear if the outcry sparked by Floyd’s death will provide enough momentum in 2021 to push past resistance from law enforcement and unions. It’s also unknown whether the legislation will win Gov. Greg Abbott’s support, which would be crucial in turning it into law.
Abbott has previously said he is committed to working with Floyd’s family on legislation, and has even floated the possibility of a George Floyd Act at the Legislature. While he has not offered specifics on what proposals he would support, Abbott has emphasized a proposal that has also been pushed by police union officials: strengthening law enforcement training before officers are allowed to go on patrol.
It’s still too early to pre-file bills, since after all we don’t know for sure who will be serving in the next session, but it’s never too early to announce them. The Chron adds some details.
Groups including the Texas NAACP, Mothers Against Police Brutality, ACLU of Texas, Texas Coalition of Black Democrats, Black Lives Matter Houston and Texas Organizing Project have already thrown their support behind the bill.
Gov. Greg Abbott has publicly condemned Floyd’s death and promised to work with state legislators to pass reforms, though he did not discuss specifics. State Rep. Senfronia Thompson, D-Houston, and state Sen. Royce West, D-Dallas, who plan to carry the legislation, said Thursday they had not yet spoken with Abbott about it.
“It would be a great signal if he made this an emergency item and that we pass this in the first 90 days of the Legislature,” said state Sen. Royce West, D-Dallas. “Hopefully he will partner with us on this legislation.”
The 19-member caucus that introduced the bill Thursday includes a single Republican, Rep. James White of Hillister.
While some local police and sheriff’s departments have implemented some tenets of the bill, such as requirements for officers to attempt de-escalation before using force, none of them are required for all 2,000 police agencies in Texas.
Further, the bill would require officers to demonstrate that they use lethal force only when in “imminent threat of serious bodily injury or death” or when “no other lesser level of force could have worked” and their actions present no risk to bystanders, according to a draft of the law that the caucus released Thursday. The use of force must stop as soon as the threat diminishes.
The bill states that “all force must be proportionate to the circumstance and the seriousness of the offense … and must be accompanied by (an) attempt to de-escalate.”
Charley Wilkison, the executive director of CLEAT, one of the largest law enforcement union in the state, said his organization is open to many of the concepts in the proposed bill, including banning chokeholds and ending arrests for fine-only offenses.
Other areas may require a more nuanced conversation, such as qualified immunity, as Wilkison said he believes it allows enough latitude — “It’s ‘qualified’; it’s not blanket” — under current law for citizens to sue officers for misconduct. Wilkison said he agrees with setting a statewide use-of-force policy, as long as officers retain discretion.
“If we’re allowed to be in the chain of communication, we’ll share and do our due diligence to take honest action in the Legislature,” Wilkison said.
As both stories note, some of what is in this proposed bill had been in the Sandra Bland Act originally. I don’t know that Abbott will care enough to make this bill an emergency item, but I do expect that he’ll support some form of this, and I do expect that something will pass. It’s mostly a question of how much of the bill as filed makes it to the finish line, and whether anything that is less desirable makes it in along the way. The potential for messiness, heated debate, and at least one idiot member of the Freedom Caucus saying something deeply stupid and offensive is quite high. But in the end I do expect something to pass, and we’ll feel good about what we do get. The question is how good, and how much more there will be to do in a future session. Reform Austin has more.