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BillENACTED

Bill 200538

Amending Title 10 of The Philadelphia Code to create a new Chapter 10-2500, entitled “Less Lethal Devices,” to regulate the use of less lethal devices in specific situations; all under certain terms and conditions.

Introduced Oct 8, 2020Committee on Public SafetyOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember GymCouncilmember BrooksCouncilmember JonesCouncilmember GauthierCouncilmember ThomasCouncilmember Gilmore RichardsonCouncilmember JohnsonCouncilmember Green

How members voted

  1. Vote on Oct 29, 2020 · CITY COUNCIL

    Aye (17)

    Councilmember DombCouncilmember GreenCouncilmember GymCouncilmember OhCouncilmember SquillaCouncilmember JohnsonCouncilmember JonesCouncil President ClarkeCouncilmember HenonCouncilmember Quiñones SánchezCouncilmember BassCouncilmember ParkerCouncilmember O'NeillCouncilmember BrooksCouncilmember GauthierCouncilmember Gilmore RichardsonCouncilmember Thomas

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “I have an objection to Bill No. 200538. Stated Meeting October 29, 2020 2ND READING”

    Councilman Oh · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

  2. “…. They had about $19 million in damages, and at least 75 businesses were affected. I oppose Council Bill No. 200538, which would strip law enforcement of non-lethal tools like tear gas during public demonstrations. The Korean Chamber believes that such an ordinance will have a psychological and chilling effect on the police officers, further handicapping their ability to prevent the widespread looting and destruction…”

    Mr. Choe · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

  3. “Sorry. For a second I had to turn the music off. Yes, guys. Hello. I'm calling on behalf of the Bill 200538 of the use of non-lethal -”

    Mr. Zhukov · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

  4. “Yes. I'm calling on the statement regarding the Bill No. 200538 of the use of non-lethal weapons. So pretty much as of today, we have a situation with Walter Wallace, and the reason -- one of the reasons he was shot, Stated Meeting October 29, 2020 because police was under-equipped with the lack of the tasers that's non-lethal as well, and as of right now, police have the only option left is a lethal weapon. So any s…”

    Mr. Zhukov · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

  5. “…lphia. It's my honor to have opportunity to speak and comment this morning. My testimony is towards Bill No. 200538. This past summer, 75 Korean American-owned businesses were looted, vandalized, and burned down. Since then, some of them have completely shut down, and many of them are still trying to recover from the damage. This week I received a report Stated Meeting October 29, 2020 of 17 Korean American-owned bus…”

    Ms. Hartz · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

  6. “The ayes have it, and that resolution is adopted. We will now move forward on Bill No. 200538. Am I correct, Mr. Decker?”

    Council President Clarke · Stated Meeting, October 29, 2020 · Oct 29, 2020 · official transcript, this passage

Status timeline

  1. Oct 8, 2020
    Introduced and Referred · CITY COUNCIL

    This Bill was Introduced and Referred.to the Committee on Public Safety

  2. Oct 20, 2020
    HEARING NOTICES SENT · Committee on Public Safety

    This Bill was HEARING NOTICES SENT.

  3. Oct 20, 2020
    HEARING HELD · Committee on Public Safety

    This Bill was HEARING HELD.

  4. Oct 20, 2020
    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Public Safety

    This Bill was REPORTED FAVORABLY, RULE SUSPENSION REQUESTED.

  5. Oct 22, 2020
    SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL

    This Bill was SUSPEND THE RULES OF THE COUNCIL.

  6. Oct 22, 2020
    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL

    This Bill was ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR.

  7. Oct 22, 2020
    READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR · CITY COUNCIL

    This Bill was READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR.

  8. Oct 29, 2020
    READ AND PASSED · CITY COUNCIL

    Recorded result: Pass

    A motion was made that this Bill be READ AND PASSED. The motion carried by the following vote:

  9. Nov 10, 2020
    SIGNED · MAYOR

    This Bill was SIGNED.

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Title 10 of The Philadelphia Code to create a new Chapter 10-2500, entitled "Less Lethal Devices," to regulate the use of less lethal devices in specific situations; all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows: TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY * * * CHAPTER 10-2500. LESS LETHAL DEVICES � 10-2501. Definitions. (1) Less Lethal. Any device designed to reduce the risk of causing fatal injury to the individual upon whom it is used, when compared to the use of firearms or other deadly force. (2) Chemical Weapons. Any type of device designed as Less Lethal, to be launched or thrown as a projectile, in order to cause injury or trauma to the intended target through the action of chemicals as an eye, throat, respiratory, and/or skin irritant, as a means of crowd control. The term specifically includes, but is not limited to, any item commonly referred to as or having similar effects to "tear gas." (3) Kinetic Energy Munitions. Any type of device designed as Less Lethal, to be launched from any device as a projectile, in order to cause injury or trauma to the intended target as a means of crowd control or dispersal. The term specifically includes, but is not limited to, any item commonly referred to as rubber bullets. (4) First Amendment Activities. Any demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons. (5) Department. The Philadelphia Police Department. � 10-2502. Less Lethal Device Policy. (1) The Department shall establish a written policy, or update any relevant existing policy, to prohibit the use of Chemical Weapons and Kinetic Energy Munitions by any member of the Department on any individual engaging in First Amendment Activities. * * * SECTION 2. This Ordinance shall be effective immediately. ..End