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R-00-05-25-11B1 - 5/25/2000RESOLUTION NO. R- 00- 05- 25 -11B1 WHEREAS, by Resolution No. 99- 04- 22 -10C1, the City Council adopted Critical Policies for the Round Rock Police Department dealing with Use of Force and Vehicular Pursuit, and WHEREAS, the City Council now wishes to amend the Critical Policies dealing with Use of Force, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the attached Critical Policies dealing with Use of Force are hereby adopted. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 25th day of May, 2000. LAND, City Secretary Ki \WPDOCS \RRSOLUTI \ROOS3aa1 Wm/ac T�.: .. %� i_,! •i�'�RT A. LUKA, J f, Mayor City of Round Rock, Texas TO: All Personnel March 2, 2000 Directive No. PO -5 -00 SUBJECT: USE OF FORCE Effective Date IMMEDIATELY ADDITIONAL INFORMATION: New Procedure Supersedes Procedural Order PO -1 -99 APPROVAL SIGNATURE: Paul Conner, Chief of Police Procedural Order USE OF FORCE DEFINITIONS Deadly Force Any force likely to cause death or serious bodily injury. Non - Deadly Force Any force other than that considered to be deadly force. Reasonable Belief Serious Bodily Injury Probable Cause Round Rock Police Department "To Protect and to Serve" It is the policy of the Round Rock Police Department to accomplish the police mission as efficiently and unobtrusively as possible. The department has the highest regard for the dignity and liberty of all persons, and places minimal reliance upon the use of force and authority. - In vesting members with the lawful authority to use force for the public welfare, a careful balancing of all human interest is required. Department members shall use only that force that appears reasonably necessary to bring an incident under control, while protecting the lives of citizens or other department members. Any force used will be only to that degree minimally necessary to accomplish a lawful police task. Low Lethality Any degree of force other than lethal used to cause a desired outcome. The degree of force used may range from restraint to blunt trauma and could include chemical aerosol projectors, impact munitions, impact tools or other means. Reportable Force The use of any type of force that results in death, injury, or complaint of injury; any intentional traffic collision or forcible stopping; and any discharge of a firearm at a location other than a Round Rock Police Department approved firing range, excluding off -duty situations such as hunting or participating in competitive shooting. The facts or circumstances the department member knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. A bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in a long -term loss or impairment of the functioning of any bodily member or organ. The facts and circumstances known to the department member that would warrant a prudent person to believe a crime has been committed and that the person accused did commit the crime. Procedural Order Authorized Weapons Force Continuum Ramming Pursuit Termination Strips Firearm S k _ S fl1►111u Weapons meeting department specifications for which members receive proficiency and safety training. Broad categories of force in identifiable, escalating stages of intensity. They are commonly identified as presence, verbal commands, restraint /control, chemical agents, temporary incapacitation, and deadly force. An intentional violent collision that may cause major damage to both vehicles and may cause injury or death to occupants or bystanders. Tire deflating spikes utilized to deflate a suspect vehicle's tires. Any department- authorized firearm. Any other firearm used in a reportable force incident. DEADLY FORCE LEVEL 6 Firearms Impact Tool Empty Hand UL Shotgun TP.MPORAR) INCAPACITATION LEVEL 5 L.V.N.R. Impact Tool Empty Hand UL Shotgun PRESENCE. LEVEL 1 Standing Walking Running CHEMICAL AGENTS LEVEL 4 Propelled Hand - Thrown Hand -Held (Chemical Agent) VERBAL COMMANDS LEVEL 2 Whisper Normal Voice Tone Shout N LEVEL 3 Empty Hand Stun Gun Pepper Spray Impact Tool Handcuffs L.V.N.R. 2 Round Rock Police Department "To Protect and to Serve" Procedural Order Round Rock Police Department "To Protect and to Serve" AUTHORIZATION TO CARRY FIREARMS AND NON - DEADLY WEAPONS Department members authorized to carry firearms and non - deadly weapons will be instructed in the policies described herein and provided with necessary training. New department members will be provided a copy of this policy and thoroughly trained and tested for proficiency before being authorized to carry a firearm or non - deadly weapon. Department members authorized to carry firearms shall be armed while on duty, whether in uniform or civilian attire. The carrying of weapons and ammunition not having department authorization are expressly prohibited at all times. The carrying of firearms while off duty shall be at the discretion of authorized department members. Unarmed off -duty members are not subject to disciplinary measures for failure to take action; however, if the need for police services arises in their presence the off -duty department member shall request an on -duty police officer to respond. The following personnel are prohibited from carrying firearms while off duty: 1. Department members under suspension. 2. Department members who fail to qualify. Off -duty department members who anticipate consuming alcoholic beverages are advised not to carry a firearm. Any department member found to be intoxicated while carrying a weapon shall be subject to disciplinary action. If the need for police services arises while an off -duty department member is consuming alcoholic beverages, the department member shall request an on -duty police officer to respond. Off -duty department members using deadly force while exercising their police powers shall be considered on -duty and will be subject to all provisions of this policy. PARAMETERS FOR USE OF NON - DEADLY FORCE When use of force is needed, department members should assess the circumstances to determine, based on training and experience, the options in the force continuum that will best de- escalate the situation and bring it under control in a safe and prudent manner. Department members are permitted to use department- authorized, non - deadly force techniques (including physical force) and equipment to: 1. Protect themselves or another from physical harm, 2. Restrain or subdue a resistant suspect, and 3. Bring an unlawful situation safely and effectively under control. The only authorized, non - deadly weapons and tactics to be used by department members are an empty hand; the impact tool; K -9; aerosol defensive (pepper) spray; stun gun; handcuffs; Lateral Vascular Neck Restraint (L.V.N.R.); low- lethality devices; propelled or hand - thrown chemical agents; as well as the pyrotechnic and low - lethality devices used by the SWAT unit and other specialized units. The use of a flashlight as a non - deadly weapon is discouraged. If it becomes necessary to use a flashlight for defensive purposes, it is to be used in the same manner as the impact weapon. Unless confronted with a deadly force situation, department members are to avoid striking suspects on the head, neck, sternum, spine, groin, and kidneys. 3 Procedural Order PARAMETERS FOR USE OF LOW LETHALITY FORCE Round Rock Police Department "To Protect and to Serve" The low lethality shotgun will only be used against persons who are armed with a weapon that could cause serious injury or death to themselves or others. This includes but is not limited to an edged weapon, club, pipe, bottle, brick, etc. NOTE: SWAT is exempt from these provisions. The low lethality shotgun is in both levels 5 and 6 of the force continuum. Two officers are required to be present when a low lethality shotgun is deployed. It is to be used as an option to deadly force, only when circumstances allow the officers involved to bring an incident to a safe conclusion without unnecessary risk to the officers. Low lethality munitions will not be used in a civil unrest situation unless authorized by a sergeant or command staff member. - PARAMETERS FOR USE OF DEADLY FORCE Department members are not authorized to draw or display their firearms, except for training at the firearm range, unless the circumstances create reasonable belief that it may be necessary to use the firearm in conformance with this policy. Before using a firearm, department members shall, whenever feasible, identify themselves and state their intention to shoot. Department members may fire their weapons only to stop and incapacitate an assailant from completing a potentially deadly act. Department members should shoot at the "center body mass" of an assailant for maximum stopping effectiveness and minimal danger to innocent bystanders. The use of a vehicle to stop or apprehend a suspect, such as ramming, may be considered a use of deadly force. Forcible stopping may produce unpredictable movements of the vehicles involved, thus creating an immediate danger. Department members initiating these tactics may be held accountable for unintentional damage or injury to bystanders resulting from their actions. Department members are authorized to use deadly force to: 1. Protect themselves or others from what is reasonably believed to be an IMMEDIATE THREAT OF DEATH OR SERIOUS BODILY HARM; 2. Prevent the escape of a fleeing felon whom the department member has probable cause to believe will pose A SIGNIFICANT THREAT TO HUMAN LIFE if escape should occur; and that the justification for the action must be CLEAR and IMMEDIATE; 3. Justifiably kill an animal a. In self - defense, b. To prevent substantial harm to the department member or another, or c. When an animal is so badly injured that humanity requires its relief from further suffering; and 4. Qualify or practice with their firearm at an authorized Round Rock Police Department firearms range. Note: A seriously wounded or injured animal may be destroyed only after all attempts have been made to request assistance from the agency (Humane Society, animal control, game warden, etc.) responsible for 4 Procedural Order the disposal of animals. The destruction of vicious animals shall conform with the same rules set forth for self - defense and the defense and safety of others. Department members are not authorized to discharge their firearm: 1. As warning shots; 2. If it appears likely that an innocent person may be injured; 3. From a moving vehicle, except when there exists no other reasonable alternative; or 4. At a moving vehicle, unless necessary to do so to protect against an imminent threat to the life of the department member or others. As such, department members: a. Shall attempt to move out of the path of an oncoming vehicle, if possible, rather than discharge their firearms. b. Shall not intentionally place themselves in the path of an oncoming vehicle and attempt to disable the vehicle by discharging their firearms; and c. Shall not discharge their firearms at a fleeing vehicle or its driver. Department members are to exercise reasonable care and caution in the safe handling of a firearm. A firearm may be considered "accidentally discharged" for the following reasons only: 1. Mechanical failure; 2. Faulty ammunition; or 3. Unintentional discharge, not resulting from negligence. REPORTING AND INVESTIGATIVE REQUIREMENTS Officer's Report on Use of Force Notification of Patrol Supervisor 5 Round Rock Police Department "To Protect and to Serve" The department investigates all use of force incidents to determine justification for the force used, as well as to correct any identifiable training deficiencies. Members involved in use of force incidents shall notify their supervisor immediately and complete an Officer's Report on Use of Force. The report shall be completed by each officer or civilian department member involved in a use of force incident when: 1. A firearm is discharged at a location other than an authorized Round Rock Police Department firearms range (excluding off-duty situations such as hunting or participating in competitive shooting matches); 2. The use of force results in death or serious bodily injury; 3. A non - deadly weapon, tactic or low lethality tool is used on a person; or 4. Other actions of the department member result in death or injury to any person, including intentional traffic collisions and forcible stopping. The Patrol Supervisor shall be summoned to take control of the incident scene until relieved by investigative personnel when: Procedural Order 1. A firearm is discharged at a location other than an authorized Round Rock Police Department firearms range; 2. The use of force results in death or serious bodily injury; or 3. A citizen or arrestee complains that an injury has been inflicted as the result of a police activity. Notifications by Communications Round Rock Police Department "To Protect and to Serve" The Patrol Supervisor shall ensure that the Communications Division has made the appropriate notifications in a use of force incident. The Communications Division shall immediately notify: 1. a. The department member's immediate supervisor and the Criminal Investigation Division for non -injury or property damage incidents (includes accidental discharge of firearm). OR b. The Criminal Investigation Division (and on -call investigator during non - business hours), medical assistance, followed promptly by notification of the department member's immediate supervisor, and the Evidence Technician where the actions of a department member did or could have resulted in death or serious bodily injury (including intentional discharge of a firearm at a human being). AND 2. The Victim's Assistance Coordinator (V.A.C) where the actions by a member did or could have resulted in serious bodily injury /death (including any intentional discharge of a firearm at a human being). The department member's immediate supervisor shall place the department member in relief of duty status as soon as practical after an incident involving death and serious bodily injury. The Criminal Investigation Division shall ensure that the department member's weapon is impounded by the Evidence Technician and the Armory Officer, as appropriate, provides a loaner weapon to the department member. The supervisor shall also notify the officer's division commander in writing regarding the relief of duty and rearming the department member. The identity of department members involved in deadly force incidents shall not be released to the public or media for 48 hours after the incident. The Criminal Investigation Division shall investigate all deaths and serious injuries resulting from the use of force (including in- custody incidents) and intentional shooting incidents at human beings, and shall submit a written report of the findings to the Chief of Police. The affected Division Commander or the ranking C.I.D. Investigator present shall have command of the investigation. VICTIM'S ASSISTANCE COORDINATOR The V.A.C. shall respond to use of force incidents resulting in death or serious injury, or where death could have resulted. The V.A.C. shall arrange for psychological counseling of involved department members by a department- approved psychologist, and shall forward a recommendation concerning length of relief of duty and follow -up counseling to the Chief of Police. The V.A.C. may make recommendations to the appropriate division commander of the department member's readiness to return to duty. A department member, in normal circumstances, may be returned to duty following a finding by a Grand Jury that the death was justifiable or excusable. 6 DATE: May 19, 2000 SUBJECT: City Council Meeting — May 25, 2000 ITEM: 11.B.1. Consider a resolution approving a revised Police Department Use of Force Policy. The Use of Force Policy is one of two critical policies for which the Department seeks Council approval before changing. The revisions provide parameters for the use of a "low - lethality" shotgun by police officers. Staff Resource Person: Paul Conner, Chief of Police.