Police Use-Of-Force Bill Enacted In Montgomery County

ROCKVILLE, MD — The Montgomery County Council on Wednesday unanimously enacted legislation that limits excessive use of force by police and requires officers to intervene if they see a colleague violating procedure.

Expedited Bill 27-20 — sponsored by Councilmembers Will Jawando, Craig Rice, Nancy Navarro, and Gabe Albornoz — comes amid nationwide protests sparked by the recent killings of George Floyd, Breonna Taylor, and other Black Americans who've died at the hands of police.

"We are called as a nation to end the dangerous and deadly use of excessive force by police officers. Here in Montgomery County, as we reimagine public safety in our community, we must change police policy in order to protect our residents — particularly residents of color who suffer from excessive police force at a horrifically disproportionate rate," Jawando said. "Our bill creates a clear and logical baseline for what is an appropriate use of force by any Montgomery County police officer, and identifies what is not."

Under this bill, the county police chief must adopt a use-of-force policy that bars officers from using chokeholds and other neck restraints, striking a restrained individual, and shooting at moving vehicles. It also limits "no-knock" warrants.

The use of deadly force is only allowed "when absolutely necessary, as a last resort, (and) when no other alternatives are available," according to the bill's language. An instance in which a suspect uses a vehicle as a weapon — for example — may warrant the use of deadly force.

"This bill needs to happen because our officers are there to serve and protect us, and we need to know they are doing everything possible to avoid actions that can ultimately result in a loss of life," said Rice. "I support our police officers who put their lives at risk every day, but we need to continue to send a message galvanized in law, that use of force is a last resort, so our resident's lives are not put at risk as well."

The bill doesn't just hold the cops who use excessive force accountable. It also requires officers to intervene whenever they witness a colleague violating the use-of-force policy.

"Duty to intervene must include a duty to report any violations of the use-of-force policy," the bill reads."

Police officers who file complaints or participate in investigations against their colleagues are protected from retaliation and harassment under this bill.

Officers who violate the new use-of-force policy would be subject to discipline under the State Law Enforcement Officers Bill of Rights.