1054-S AMH WALJ LEON 677

SHB 1054 - H AMD 175

By Representative Walsh

WITHDRAWN 02/27/2021

On page 2, line 19, after "(1)" insert "Except as provided in subsections (2) and (3) of this section, a law enforcement agency may not use O-chlorobenzylidene malononitrile (CS) or any similar chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort or permanent injury to disperse an unlawful gathering without the explicit approval of the chief law enforcement officer of the law enforcement agency.

(2)"

On page 2, line 21, after "use" strike "tear gas" and insert "chloroacetophenone (CN)"

On page 2, at the beginning of line 22, beginning with "(2)" strike all material through "include" on line 26 and insert "(3) This section does not apply to the acquisition and use of"

EFFECT: Limits the ban on the acquisition and use of tear gas to chloroacetophenone (CN gas). Provides that law enforcement agencies may not use O-chlorobenzylidene malononitrile (CS gas) or any similar chemical irritant dispersed in the air for the purpose of producing temporary physical discomfort or permanent injury to disperse an unlawful gathering without the explicit approval of the chief law enforcement officer of the law enforcement agency (rather than banning the use of those chemical irritants as provided in the underlying bill). Retains the exemption for oleoresin capsicum (pepper spray) as provided in the underlying bill.

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