Published on Apr 05, 2021

New use of force standards amended, head to rules committee

Contact: Sharon Swanson, Jacob Ewing

A bill to create new use of force standards for law enforcement officers is now ready for consideration by the Senate. HB 1310 was voted out of the Senate Ways & Means Committee, after receiving an amendment, and heads to the Senate floor for a vote of the chamber.

The amendment adopted by the committee includes the following changes:

  • Adjusts intent language stating that it is the fundamental duty of law enforcement to preserve and protect all human life.
  • Specifically includes verbal warnings and de-escalation tactics as less lethal alternatives that should be considered by peace officers.
  • Prohibits a peace officer from using force tactics prohibited by agency policy except to protect his or her life or the life of another person from an imminent threat.
  • Clarifies a political subdivision in this state may adopt more stringent standards regarding the use of physical force than provided by law.
  • Clarifies that rather than requiring a peace officer use only the minimal draft degree of physical force necessary, the officer must use the least amount of force necessary.
  • Authorizes a peace officer to use physical force to protect against an imminent threat of bodily injury to the person against whom force is being used.

AWC is in favor of the changes and supports the bill.

HB 1310 is now in the Senate Rules Committee and may come to the floor for a vote at any time.

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