A bill that defines “use of force” passed the Legislature. It clarifies that law enforcement can use physical force during an investigative detention and now heads to the Governor for his signature.

HB 2037 was heavily negotiated this session and involved several meetings with advocates and law enforcement. Although the Senate adopted a problematic amendment during a committee hearing, the final version of the bill removed the concerning language.

HB 2037 defines physical force to mean any act reasonably likely to cause physical pain or injury, or any other act exerted upon a person's body to compel, control, constrain, or restrain the person's movement. Physical force does not include pat-downs, incidental touching, verbal commands, or compliant handcuffing where there is no physical pain or injury.

The bill also clarifies that an officer may use physical force to prevent a person from fleeing or stop a person who is actively fleeing a lawful temporary investigative detention, provided that the person has been given notice that he or she is being detained and is not free to leave.

This last provision clarifies that law enforcement may detain a person and use physical force during a temporary investigative detention, also know as a Terry stop.

HB 2037 contains an emergency clause and will take effect as soon as the bill is signed by the Governor.