Lawyers for the city of Portland along with police chiefs and sheriffs from across the state urged lawmakers Thursday to loosen up a bill passed last year that limits use of pepper spray and other less-lethal munitions to declared riots only.

Police worry the law prevents officers from using the weapons to stop belligerent or violent people in other settings such as raucous sporting events, a packed bar or house party, according to their testimony before the House Judiciary Committee.

The city of Portland, League of Oregon Cities, Oregon Association of Chiefs of Police and Oregon State Sheriffs’ Association support what they call a “fix” to last session’s House Bill 2928.

“We respectfully request that we let our police officers know with as much clarity as possible what force they can use in a crowded setting in order to protect themselves and the public,” testified Eugene Police Chief Chris Skinner, representing the chiefs of police and sheriffs’ associations.

Yet the American Civil Liberties Union of Oregon, other civil rights lawyers and some community activists who participated in mass social justice protests in Portland in 2020 argued that the proposed changes would roll back protections that the Legislature recognized were important to the public.

House Bill 4131 would still bar the indiscriminate use of hand-held chemical spray and less-lethal projectiles to control crowds. But it would allow their use against specific individuals in a crowd engaging in conduct that otherwise would justify the police use of physical force under state law.The new bill makes a distinction between the use of hand-held pepper spray and tear gas use and regulates them differently.

Tear gas would be allowed only after authorities declare a riot and only when its use is “necessary to terminate or prevent furtherance of the riot.”

The bill would allow police to use “an electronically amplified noise” only to make announcements or help clear the way for emergency vehicles.

It also defines crowd control as “law enforcement techniques used to address a breach of the peace or any assembly of persons where there is a threat of collective violence, destruction of property or other unlawful acts.”

“We believe these technical adjustments help clarify how the law is to be implemented consistent with the Legislature’s intent,” said Robert Taylor, Portland city attorney.

Skinner said the law passed last session would bar officers from using hand-held pepper spray to break up a fight in a non-crowd-control situation and open up officers to a criminal charge of official misconduct criminal if they did.

“We believe it is critically important for officers to have clarity about their authority when they are faced with destructive, violent or potentially violent behavior by individuals who are participating in an event that is otherwise peaceful,’’ Skinner said.

Sandy Chung, executive director of the American Civil Liberties of Oregon, opposed the bill and urged stronger limitations on use of tear gas or other munitions.

“It’s very concerning that in less than a year, they’re requesting changes during the short session when there’s little time to give this the full consideration that it requires,” Chung said.

Attorney Jesse Merrithew, who has sued the city of Portland and Portland police on behalf of protesters injured in demonstrations, said what Portland is seeking is a “return to the status quo” regarding the use of tear gas.

“I urge this body not to allow it,” he said.

Teressa Raiford, founder of Don’t Shoot Portland, asked lawmakers not to support “a watering down” of protections for people who want to exercise their right to free speech.

Andre Miller, who serves as Portland Commissioner Jo Ann Hardesty’s community justice coordinator but said he was testifying on his own behalf, recounted how he was shot in the face with a tear gas canister on July 22, 2020, during the protests in Portland. He said he supports a total ban on tear gas as a crowd control tactic.

The bill remains before the House Judiciary Committee. Rep. Janelle Bynum, D-Happy Valley, who chairs the committee, said the panel will work to “try to reach a resolution we all feel good about.”