Two critical pieces of legislation intended to provide needed clarifications for law enforcement have advanced to their opposite chamber.
HB 1735 and HB 1719 have both passed out of the House on a solidly bipartisan vote and are already scheduled to receive a public hearing in the Senate policy committee. Neither bill was amended on the floor of the House.
HB 1735 clarifies that law enforcement officers may use physical force to the extent necessary to:
- Take a person into custody, transport a person for evaluation or treatment, or provide other assistance under civil and forensic commitment laws.
- Take a minor into protective custody when "authorized or directed by statute."
- Execute or enforce a court order authorizing or directing a law enforcement officer to take a person into custody; execute a search warrant; or execute or enforce an oral directive issued by a judicial officer in the courtroom or a written order where
the court expressly authorizes a peace officer to use physical force to execute or enforce the directive or order.
In the provision specifying that the standard for use of physical force does not prevent a law enforcement officer from responding to requests for assistance or service from specified professionals and members of the public, the bill adds designated
crisis responders and shelter and housing providers to the list of professionals referenced.
Additionally, the bill contains a provision specifying that the standard for use of physical force does not permit a law enforcement officer to use physical force or deadly force in a manner or under such circumstances that would violate the United
States Constitution or state Constitution.
HB 1719 clarifies that law enforcement officers can use less-lethal alternatives, such as bean bag rounds, fired from a rifle.
AWC supports both bills.
Dates to remember
HB 1735 and HB 1719 are scheduled to be heard in the Senate Law & Justice Committee on Tuesday, February 8 at 8:30 am.