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City Council Committee Recommends Decriminalizing Disorderly Conduct Ahead Of DNC

By Pat Loeb

PHILADELPHIA (CBS) -- Just in time for the Democratic National Convention, a Philadelphia city council committee has advanced a bill that would decriminalize disorderly conduct and other offenses used to police protests.

The city hopes it will also help it with longer-term goals.

Julie Wertheimer of the managing director's office says police want protesters to exercise their first amendment rights but also want to maintain public safety.

"Law enforcement may have to use their authority to maintain control of the crowds during the convention. This bill will allow police to issue a civil code violation rather than a criminal citation or arrest."

But Wertheimer's main concern is the effort to reduce the prison population over the next three years. She estimates the bill could keep some 10,000 cases a year from becoming criminal matters.

Police legal adviser Francis Healy says the bill also could improve community relations. He says, since the city decriminalized marijuana, police have been bothered by the unfairness of arresting people for offenses that are no more serious than pot-smoking.

"The community knows what's fair, so it's incredibly important for us to be able to look the community in the eye and say what we're trying to do is be fair with you."

The committee also recommended a bill that would require guns in homes with children to be stored unloaded in a locked container with ammunition in a separate locked container.

Three people testified in support and no one in opposition, but NRA lobbyist John Hohenwarter says that's only because the group considers the bill meaningless.

"It is in direct violation of state pre-emption, he said. "City council keeps supplying us with good arguments as to why Pennsylvania state pre-emption law must be stronger."

Hohenwarter says if it passes, it would be unenforceable.

 

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