Chappelle-Nadal Presents Bill to Update Use of Force Law
JEFFERSON CITY – Senator Maria Chappelle-Nadal (D-University City) presented Senate Bill 741 for its first hearing in the Senate Judiciary Committee today. The bill restricts a police officer from using physical force unless the force used is “objectively reasonable.” The bill further stops the use of deadly force except in cases where an officer “reasonably” believes: 1) that a felony was committed; and 2) that potential danger to others exists. Additionally, the Attorney General is authorized to file criminal charges whenever force is determined to be unwarranted.
“The state is coming to the conversation too late, frankly,” Sen. Chappelle-Nadal stated. “How anyone can watch peaceful protesters have military-style guns pointed at them and not consider that an act of aggression is beyond me.”
The State of Missouri has been out of compliance with use of force laws for 30 years, since the decision of Tennessee vs. Garner, 471 US 1 (1985), established “objective and reasonable” standards. However Tennessee vs. Garner is not an accurate representation of today’s world. Instead we must look to Scott vs. Harris (2007) and Grant vs. Collins (1999), where due process of the law is fully established. These cases allow victims, such as Michael Brown, the second chance they deserve. In the wake of Mike Brown’s death, and following the protests of Ferguson, Missouri has been under scrutiny and there is more pressure to address the deficiencies of the law. It is up to us as citizens of Missouri to seek redemption for every victim that has lost their life to an unjust system.
Chappelle-Nadal has pushed for updates to use of force laws for the last two sessions and has spoken nationally on the issue. The recent consent decree between the Department of Justice and the City of Ferguson has placed the city under unique and reasonable standards for use of force for a Missouri municipality. Many of the suggestions in the consent decree were outlined in other Ferguson related legislation sponsored by Senator Chappelle-Nadal.
###