Police reform key issue for General Assembly

State lawmakers are looking to reform police protocol in the wake of events like the Michael Brown shooting in Ferguson, Missouri, and the choke-hold death of Eric Garner in New York City.

The Brown and Garner deaths captured national media attention and led to large protests — which in some cases turned violent — around the country. Now, both ideas previously raised and new legislation are making their way through the General Assembly to combat issues related to the two cases.

Both legislators and police organizations considered body cameras the biggest police reform issue moving forward, but other bills introduced deal with police-related homicide investigations, sensitivity training and barring the use of choke holds.

"The state of Illinois has some of the best police officers and public servants in the country," said Rep. Mary Flowers, a Chicago Democrat and author of several of the bills. "But just like in any profession, there are going to be good people, bad people and some that just plain need help."

The current proposals have general support from police organizations. Laimutis Nargelenas, manager of governmental relations for the Illinois Association of Chiefs of Police, said his organization would support all of the currently proposed bills with a few caveats.

Nargelenas said the association would not support a bill banning choke holds if criminal charges were brought against an officer defending himself. He said his organization supports sensitivity training and that it is already part of the curriculum at the police academy, but the chiefs want it to cover more than just race.

Illinois Sheriffs' Association executive director Greg Sullivan said his group was getting ready to meet this week to discuss the bills in depth. He said most of the bills were redundant, as they are already policy in most departments, but he would support them so long as the wording makes sense.

"We have to look at the language," Sullivan said. "We understand everyone's concerns, but we're doing a lot of work on both the national and state level. Hopefully we'll have the chance to come up with our own versions that make sense."

But despite the clamor for police reform, body cameras remain at the forefront of the discussion.

Sen. Kwame Raoul, D-Chicago, has already introduced Senate Bill 21, which will be used to provide basic protocol for the cameras — such as when they can be turned off — instead of a mandate requiring them.

Raoul said he will work with both Republicans and law enforcement groups to form a bipartisan bill.

"It's healthy when you can do that and embrace that type of process rather than having me unilaterally say, 'This is the protocol that I'm going to try to shove down the legislature's throat,' " he said. "We've received some good information from law enforcement and advocates as to matters we should consider."

Raoul said he was concerned with the eavesdropping law that outlines when the public has a right to privacy. He also wanted to take into account victims and witnesses who object to being filmed.

Sen. Tim Bivins, R-Dixon, said Republicans are mostly on board as well but share the same concerns as Raoul.

"Everyone is pretty much on the same page," Bivins said. "Law enforcement officers and the public want them. I think they're very beneficial, but it's a matter of policy and procedure."

Bivins said he hopes the legislature can address both the eavesdropping law and body cameras simultaneously.

Nargelenas said the chiefs association wants to work with the legislature to make the law effective, both economically and practically.

"The issue with the cameras is certain groups want officers to use them in limited instances," he said. "If we can't get body cameras without limited restrictions, why use them? If we're going to use taxpayer dollars to pay for these, let's make sure they're used properly."

Sullivan said the sheriffs association has supported body cameras for the past two years and wants to see the law become a reality.

Police-related homicide

Rep. Christian Mitchell, D-Chicago, introduced House Bill 221, which sets up protocol for investigating homicides committed by police officers.

The bill would require an investigation from an entity outside of the one the officer works for and a public report if the officer isn't indicted. He said he had not talked with police organizations about the bill but was confident it would receive support.

"Once we have options, we will want their input," he said. "We need to make sure it is negotiated in a way to allow people to feel safe but make sure officers can serve and protect." 

Sensitivity training

Flowers introduced two pieces of legislation regarding sensitivity training for police officers. House Bill 104 would form a task force of legislators and law enforcement professionals to investigate matters of racial disparity.

House Bill 105 would require police officers to receive sensitivity training, both out of the academy and as ongoing education.

Flowers said her bills were not a reaction to the Garner and Brown incidents. Instead, she's been proposing police sensitivity training for 18 years. 

Banning choke holds

Flowers also introduced House Bill 161, which would ban the use of choke holds by both police departments and private security firms.

Under the bill, an officer who uses a choke hold would be fired from his or her job as well as face potential civil litigation, including punitive damages. A private security contractor would also lose his or her license. Sen. Ira Silverstein, D-Chicago, introduced similar legislation in the Senate.

Illinois State Police spokesman Sgt. Matthew Boerwinkle and Springfield Deputy Police Chief Dan Mounce said choke holds are prohibited and not taught in the control and arrest tactics of either department because they can often lead to death.

While each case is determined separately, officers can be reprimanded — or even terminated — if they are found to have used the move unjustifiably.

— Contact Seth Richardson: seth.richardson@sj-r.com, 782-3095, twitter.com/SethARichardson.