Published on Feb 19, 2021
New use of force standards for law enforcement move through Legislature
A bill creating new use of force standards for law enforcement continues to advance through the legislative process.
HB 1310 received a hearing in the House Appropriations Committee on February 18. At a previous hearing, a substitute
version of the bill was adopted with the following amendments:
- Removes from the definition of “law enforcement” the Department of Corrections and other employees of jails, correctional and detention facilities.
- Provides that a law enforcement officer may use deadly force against another person only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person.
- States that, when possible, a peace officer must exhaust available and appropriate de-escalation tactics prior to using any physical force. The bill enumerates several options, such as creating physical distance, having one officer in charge of verbal
commands, and calling for mental health professionals.
- Clarifies that law enforcement should use only the minimal degree of force necessary for a given situation. This includes considering the characteristics and conditions of a person for the purposes of determining whether to use force against that
person and, if necessary, determining the appropriate degree of force.
AWC supports the intent of the legislation and remains actively engaged in negotiating the language and standards in the bill, and the concerns expressed by law enforcement representatives.
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