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Evers backs bill to overhaul police procedures
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Evers backs bill to overhaul police procedures

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Responding to the death of George Floyd, protesters gather for a third day in Madison, on Monday, June 1, 2020.

On the fourth straight day protests closed streets Madison, Wisconsin Gov. Tony Evers on Tuesday called for confronting “society’s comfort with racism” and pushed lawmakers to back a bill that would overhaul law enforcement agencies’ use-of-force policies. 

The move comes after peaceful demonstrations in response to George Floyd’s death in Minneapolis police custody have given way to clashes between people and police in downtown Madison, where officers in riot gear have sought to disperse crowds by deploying tear gas and pepper spray, and businesses sustained broken windows and graffiti. 

While Evers has activated Wisconsin National Guard forces in both Madison and Milwaukee — where similar events have unfolded over the last few days — he’s been largely quiet as the activities continued over the weekend and into Monday.

But, in a four-minute video message released Tuesday, Evers again demanded justice for Floyd’s family, echoing language he used in a Friday statement, and advocated for a response that includes compassion, support and “most of all,” action that would begin with “accountability for unacceptable use of force” by police under a Democratic-backed bill. 

The legislation, sponsored by 10 Democrats, was first introduced in March when the legislative session was all but wrapped up, and didn’t receive hearings in either chamber. No Republicans have signed on to support it, though GOP support would be needed to get it through the Legislature they control. 

Under the bill, law enforcement agencies would need to ensure their use-of-force policies stress the importance of preserving the life of all individuals; that deadly force should only be used “as the last resort;” that tactics should be deployed to minimize the likelihood force would be necessary; that any force used “should be the least amount” necessary; and that fellow officers “must take reasonable action” to prevent or cease an “unreasonable use of force.” 

The proposal would also direct the Law Enforcement Standards Board to create its own model policy on the issue with certain stipulations, as well as language that would bar entities from disciplining an officer for reporting a use-of-force policy violation. 

“This legislation is an important first step, but we know the solution to racism isn’t in one bill or one person,” Evers said. “I know I don’t have all the answers — no one does. This is on all of us, together.”

Madison Police Department’s own use of deadly force guidelines stress that such force “is a measure of last resort, only to be employed when an officer reasonably believes all other options have been exhausted or would be ineffective.” The policy also calls for the use of deescalation tactics “whenever safe and feasible,” as outlined in a separate document

The proposal authorizes deadly force under four circumstances: to protect someone else from danger; to safeguard the officer “from what is reasonably believed to be an imminent threat of death or great bodily harm”; to prevent an individual from escaping in certain circumstances; and to prevent harm from an animal that may cause great bodily harm if not brought under control. 

While Evers called for the bill’s immediate passage, legislative leaders don’t appear to have plans to reconvene any time soon. While the Senate has yet to wrap up its regular session business — including outstanding Cabinet appointments and remaining bills on water quality and preventing homelessness — it’s unclear when that meeting would occur. 

The offices of Senate Majority Leader Scott Fitzgerald, R-Juneau, and Assembly Speaker Robin Vos, R-Rochester, didn't return requests for comment. 

But Republican Sen. Van Wanggaard, a former Racine police officer, slammed the legislation as being "clearly written by liberal activists who have never served with law enforcement, and apparently never even talked or listened to them." 

"Micromanaging the force continuum in a state statute written by the most liberal Democrats in the Capitol won’t make things better and will likely make it worse," he said in a statement. 

He added he's been working with law enforcement, legal experts and activists "on a new way to investigate and prevent deaths in police custody" — an effort he said he hopes will come in the coming weeks and months to "prevent these horrific events in the future."

Bill co-authors Sen. LaTonya Johnson and Rep. Chris Taylor defended their work in a joint press release Wednesday morning and knocked Wanggaard for using "clichés and out of touch inaccuracies" rather than considering the substance of their plan. 

"We are tired and we are crying out for change, and that means changing the policies that allow for these injustices to occur," said Johnson, a Milwaukee Democrat. "Senator Wanggaard's comments shed light on the priorities of legislative Republicans, who have known for years that Wisconsin continues to be one of the worst places to raise a Black child."

Meanwhile, lawmakers likely need to return at some point to pass a budget repair bill adjusting state spending levels given the ongoing COVID-19 crisis, but it’s also unclear when exactly that would occur. 

Evers in his video didn’t respond to criticism raised by some Republicans in recent days that he hasn’t done enough to address violence stemming from the protests. Others on the left have also criticized his authorization of between 100 and 200 National Guard troops in Madison after local leaders requested the help over the weekend. 

The governor’s message did include a call-to-action for local officials, in which Evers asked them “to join us in demanding change.”  

“And I am asking for partners to step up in every corner of this state and put in the work that needs to be done,” he continued. 

Still, progress on legislation in the coming months is unlikely. Members of the Legislature have clashed in recent years, while regular session in both chambers was still ongoing, over adopting a Black History Month resolution, for example. 

The most recent conflict over the phrasing of such a resolution came after a white lawmaker, Republican Rep. Scott Allen, proposed language — without the input of black lawmakers — that would have honored 10 mostly white abolitionists from Wisconsin. Allen later dropped the plan. 

That episode followed two straight years of disagreement over how to honor Black History Month as some Republicans last year objected to a resolution offered by the Legislature’s Black Caucus, which is composed of only Democrats. At that time, GOP lawmakers pushed back against the inclusion of former San Francisco 49ers quarterback Colin Kaepernick, who was born in Wisconsin, and Milwaukee Pastor Greg Lewis, who has led "Souls to the Polls" efforts in Milwaukee

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Briana Reilly covers state government and politics for the Cap Times. She joined the staff in 2019, after working at WisPolitics.com. Follow her on Twitter at @briana_reilly.

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