Paper: Houston Chronicle

Date: Thu 04/26/07

Pursuit bill seeks to protect police / Law officers couldn't be sued if a chase leads to an accident

By KRISTEN MACK, MATT STILES, ROSANNA RUIZ Staff

AUSTIN - Officers could not be sued for an accident resulting from a police chase under a bill by Sen. Dan Patrick that had been scheduled to come before the Senate on Wednesday, one day after a suspected car thief being pursued by police slammed into a pickup, killing a young Houston mother.

"Whether you do it today, tomorrow or next week, it doesn't change the tragic events of what happened in Houston or the merits of my bill," Patrick, R-Houston, said Wednesday. "Officers need to have the freedom to do their jobs without the concern and stress of being second-guessed by a trial attorney."

Patrick's bill likely will come up for a vote later this week. The Houston Police Department and police chiefs in Texas' 10 largest cities support the bill, Patrick said.

The father of Rikki Danielle Sanchez, who died Tuesday, initially criticized HPD for "an unnecessary chase," renewing the debate over the department's policy for determining when officers pursue fleeing vehicles.

"Let's not lose sight that it was the suspect who created the death of an innocent bystander," Patrick said. "Officers can't do their jobs if they are worried about potential repercussions."

Jay Harvey, president of the Texas Trial Lawyers Association, said officers already are protected under state law. What Patrick is seeking, Harvey said, is "blanket immunity." Trial lawyers are opposed to the bill in its current form, Harvey said, and amendments likely will be offered when the bill comes up for a vote.

"Officers should not be concerned with liability," Harvey said. "They should question whether it's worth the pursuit because of the potential loss of life."

Patrick's bill provides cities and counties with protection from liability when a "peace officer is engaged in pursuit of a person evading arrest in a motor vehicle, if the action is not taken with conscious indifference or reckless disregard for the safety of others."

Patrick said he hoped to address "do not chase" policies being adopted by more and more Texas cities to avoid costly litigation. Such policies, he said, put law enforcement in the position of letting a criminal go simply because he fled.

HPD's chase policy requires officers to consider the severity of the crime, the potential risk to citizens, traffic conditions, the weather, the driving behavior of the suspect and the mechanical condition of their patrol cars.

Police Chief Harold Hurtt proposed a new policy last year that would prohibit officers from chasing fleeing suspects for nonfelony offenses, such as traffic violations.

After the police union and some City Council members objected, Mayor Bill White said he worried such a policy would be interpreted as an invitation to flee from officers. The policy never went into effect.

"Incidents are always reviewed to see what can be learned. I will say this: We support police officers trying to catch criminals," White said Wednesday. "I don't think an officer should be blamed for the misconduct of a criminal."

White said he wasn't familiar with Patrick's legislation but said he generally doesn't believe officers should be penalized for their actions in an official capacity.

"I don't think an officer should not give pursuit in a reasonable fashion, taking into account safety, because they think they'll be sued," he said.

Sanchez's father, Leo Rudd, spent Wednesday at a funeral home making arrangements for his daughter's service.

"There is still tremendous anger," Rudd said. "My daughter would like to see the right people punished in order to make her family whole as much as possible. But we can never be completely whole because of the loss of her precious life."

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