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LOUISVILLE, Ky. (WDRB) -- Kentucky State Rep. Attica Scott is looking to change the way Louisville Metro Police and other law enforcement agencies respond to protesters.

Scott, D-Louisville, will file three separate bills on Monday that address criminal justice issues stemming from last year's protests over the fatal shooting of Breonna Taylor at the hands of LMPD officers. The legislation aims to make changes to Kentucky's rioting laws, clarifying that citizens are allowed to record video of officers in public and providing stricter limits for the militarization of law enforcement.

Scott's proposed legislation also addresses use of crowd-control measures such as tear gas and rubber bullets.

"The Louisville Metro Police Department's response to last year's Breonna Taylor protests made it abundantly clear that the law must change," said state Rep. Lisa Willner, D-Louisville, who is co-sponsoring the legislation. 

"We expect our police officers to enforce the law, not use it as another weapon against those they are sworn to serve and protect," Scott added. 

The first bill has four main provisions:

  1. Ban law enforcement agencies from receiving such military surplus equipment as armored and/or weaponized drones, combat-ready aircraft, military-grade surveillance equipment, armored vehicles and grenade launchers.  
  2. Require de-escalation and crisis-intervention training for law enforcement that is equal to the number of hours for deadly force training.
  3. Clarify that use of rubber bullets, tear-gas and long-range acoustic devices are only justifiable when a law enforcement officer "believes that such force is necessary to protect another person from imminent serious physical injury or death."
  4. Outlaw the use of kettling, which occurs when law enforcement corrals a crowd it wants to control into a closed-off space and refuses to let it disperse.

Scott is calling for those in violation of the last two provisions to lose training funding provided by the Kentucky Law Enforcement Foundation Program for up to five years, as well as be subject to complaints filed with the Kentucky Law Enforcement Council. 

The second bill seeks to clarify that it is not unlawful for a person to record or photograph a peace officer while performing his or her duties in public. The bill states that officers would not be authorized to stop the recording or arrest the person recording if that is the only action taking place.

The third bill is intended to add clarity to Kentucky's riot and unlawful assembly statutes. For example, riot in the first degree would become more specific by stating it is five or more people who knowingly engage in violent or unlawful behavior that leads to a public disturbance that creates risk of property damage or physical injury. 

This announcement comes after Scott and her daughter were arrested in September during a protest of a grand jury's decision in the Taylor case. They were initially charged with first-degree rioting, a felony, and failure to disperse and unlawful assembly, both misdemeanors. All charges were dropped in November.

The Kentucky General Assembly will consider the bills during the 2021 legislative session.

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