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Advocacy


Published on Mar 19, 2021

New amendment provides clarity to use of force standards

Contact: Sharon Swanson, Jacob Ewing

A bill creating new use of force standards for law enforcement continues to advance through the Legislature.

HB 1310 passed out of the Senate Law & Justice Committee this week. The amendment added language to the intent section emphasizing that the fundamental duty of law enforcement is to preserve and protect all human life.

Additionally, the amendment:

  • Includes verbal warnings and de-escalation tactics as less lethal alternatives for peace officers.
  • Prohibits law enforcement officers from using force or tactics prohibited by agency policy except to protect his or her life or the life of another person from an imminent threat.
  • Clarifies that a political subdivision in the state may adopt more stringent standards regarding the use of physical force than provided by law.
  • Requires that peace officers use the least amount of force necessary, rather than requiring they use only the minimal degree of physical force necessary.
  • Authorizes peace officers to use physical force to protect against an imminent threat of bodily injury to the person against whom force is being used.

Additionally, the amendment underscores that an officer can use force when necessary to prevent a person from harming themselves.

AWC believes the amendatory language adds needed clarity to the standards by which officers are trained and required to uphold. We support the changes made in committee and continue to support HB 1310.

  • Advocacy
  • Public safety & criminal justice

 

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