CONCORD, N.H. (AP) - New Hampshire police would face additional restrictions on the use of deadly force, rubber bullets and tear gas under a pair of bills debated Friday, while other measures would expand such authority for private citizens.
Under current law, officers are justified in using deadly force when they believe it is necessary to defend themselves or others from the imminent use of deadly force, or in order to arrest someone or prevent their escape from custody under certain circumstances. A bill before the House Criminal Justice and Public Safety Committee on Friday would eliminate “to effect an arrest” as a justification.
“If you need force to prevent the escape of somebody you believe to be a threat to society, you’re able to do that, there’s no change. However, if your only goal is to make an arrest, then you should not be using deadly force to effect an arrest,” said Rep. Jess Edwards, R-Auburn, a co-sponsor of the bill.
“This past year, we’ve seen examples of excessive force causing great disturbance and violence to domestic tranquility,” he said, referring to deaths that ignited nationwide protests over racial injustice and police brutality. “What this bill does is it looks at reforming law enforcement rules of engagement.”
Several Democratic lawmakers suggested the bill doesn’t go far enough because it would still allow officers to kill fleeing suspects, while police testified against the measure.
“The use of lethal force in effecting any arrest is and always has been an option of last resort. We do not look forward to every day going out and shooting somebody just because they don’t submit to an arrest,” said Franklin Police Chief David Goldstein on behalf of the New Hampshire Association of Chiefs of Police. “Keeping this in the (law) does not give us carte blanche to use any level of force.”
Police also opposed a bill that would ban officers from using rubber bullets or tear gas, saying such tools are rarely used - most often in standoff situations when someone is barricaded in a home - but important. An amendment was offered to replace the outright ban with language allowing the use of such items when officers are in imminent risk of serious harm.
Tempers flared after a Nashua police sergeant said tear gas or bullets could have prevented the shooting death of one of the rioters who stormed the U.S. Capitol in January.
Jordan Thompson, an organizer with Black Lives Matter Nashua, said the bill was aimed at preventing police from using rubber bullets and tear gas on peaceful protesters.
“For someone to compare us to the terrorists that marched on the Capitol and stormed that building is disgusting, and frankly, the casual racism that has gone on in this hearing is disgusting,” he said. “We are talking about unarmed, peaceful demonstrators that are your constituents. They marched for peace, equity and justice.”
“This legislation is about prevention, it’s about public safety, it’s about not waiting for somebody to lose an eye or a leg before we take action,” he said.
The committee chair, Rep. Daryl Abbas, R-Salem, paused Thompson’s testimony to say that he did not consider anything anybody had said to be racist.
“Your silencing of me in this moment is racist,” Thompson said.
The committee also was hearing testimony on bills that would broaden the justifiable use of deadly force by civilians. One would permit someone to use deadly force in the defense of someone else, not just themselves. Another would allow such force when deadly forced is used against someone in a vehicle and the third would eliminate a section of law that says such force is not justified if, among other things, the person can safely retreat from the encounter.
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