SB 320 - Under current law, a law enforcement officer need not retreat or desist from efforts to effect an arrest if he or she reasonably believes such person has committed an offense. An officer may use any physical force in making a lawful arrest and the amount of physical force used must be objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene, without regard to the officer's underlying intent or motivation.
This act provides that in effecting an arrest or in preventing an escape from custody, a law enforcement officer is justified in the use of a chokehold only when he or she reasonably believes that it is necessary to defend himself or herself or a third person from what he or she believes to be the use or imminent use of deadly physical force or infliction of serious physical injury. The use of a chokehold for any other purpose shall be cause for the law enforcement officer's immediate dismissal and revocation of his or her license. According to this act, a chokehold is a method by which a person puts an arm around another person's neck with sufficient pressure to make breathing difficult or impossible.
This act contains an emergency clause.
This act is identical to HB 32 (2020).
MARY GRACE BRUNTRAGER