AUSTIN, Texas — The use of non-lethal weapons by law enforcement has drawn a polarized response, particularly during the 2020 protests following the killing of George Floyd. Texas lawmakers could push for greater implementation of these weapons.
Non-lethal devices represent a broad category of tools used by police officers to apprehend suspects without causing death, ranging from batons and pepper spray to stun guns and beanbag cartridges.
The Texas House of Representatives’ Homeland Security and Public Safety Committee is temporarily tasked with evaluating the use of these weapons and figuring out how to increase the use of nonlethal weapons in law enforcement. At a hearing Thursday, law enforcement officials pushed for greater use of nonlethal weapons.
“Eliminating less-lethal options or politically pursuing their use means eliminating de-escalation altogether,” Jennifer Szimanski, public relations director for the Combined Law Enforcement Associations of Texas (CLEAT), told the panel Thursday.
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Austin, in particular, is one of the central flashpoints of the controversy surrounding the use of non-lethal weapons, particularly beanbag rounds. Austin police used these munitions to respond to protests in May 2020, resulting in millions of dollars in civil compensation for injured protesters, as well as legal backlash that ultimately led to APD suspending the use of beanbag rounds last year.
“The Travis County District Attorney’s Office (TCDAO) recently began a dialogue with APD to address its concerns regarding APD’s pattern of use of less-lethal shotguns and the legal implications, including the possibility of future prosecutions,” then-APD Chief of Staff Robin Henderson said in an internal memo obtained by CBS Austin, announcing the suspension of their use.
Szimanski, in turn, characterized that dialogue as one in which Travis County District Attorney Jose Garza “demanded that bean bag shotguns be removed from their agencies and stated that he would classify them as firearms. Garza stated that in the future, if an officer uses a bean bag shotgun or even points it at a person, he will bring an indictment of aggravated assault by a peace officer or deadly conduct to the grand jury.”
Several officers were charged with using these less-lethal weapons, although many of those charges were dropped last year. Shortly thereafter, Garza, Austin Mayor Kirk Watson and then-Austin City Manager Jesús Garza signed a Department of Justice request for an investigation into the use of these beanbag rounds during the May 2020 protests.
Democrats on the committee expressed skepticism about the use of these non-lethal weapons, pointing out that they still caused injuries.
“Less lethal: The word ‘lethal’ is still there,” said John Wilkerson, parliamentary liaison with the Texas Municipal Police Association. “It’s less lethal munitions, less lethal force. It can still have lethal consequences, especially if not used properly. The point is we’re taking a step to prevent it from getting to that point.”
Last session, the Texas Senate passed a bill that would have broadly protected police officers from prosecution when a non-lethal weapon was used. However, the bill failed in the House. Szimanski said Thursday that CLEAT is working on a similar bill.
