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Legislative Year: 2024 Change
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Bill Detail: HB24-1372

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Title Regulating Law Enforcement Use of Prone Restraint
Status Sent to the Governor (05/16/2024)
Bill Subjects
  • Crimes, Corrections, & Enforcement
House Sponsors L. Herod (D)
S. Woodrow (D)
Senate Sponsors R. Fields (D)
J. Gonzales (D)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 03/11/2024
Summary

The bill prohibits peace officers from using prone restraint to
subdue a subject, except in cases in which the use of deadly physical
force is justified. The bill requires officers who use prone restraint to
immediately reposition a person to facilitate breathing once the person is
in handcuffs or the person's hands are tied. The bill applies a similar
prone restraint prohibition and recovery position requirement to guards
and peace officers employed in detention facilities.
The bill requires the development of a model state policy on the
risk of positional asphyxia and law enforcement use of prone restraint
when making arrests or preventing escapes. The bill lists elements of the
model policy and directs state and local law enforcement agencies,
including those that supervise detention facilities, to adopt their own
written policies and training requirements based on those elements. Law
enforcement agencies that have not adopted their own policies on or
before July 1, 2026, must comply with the state's model policy. The bill
requires reporting of policy violations.
The bill creates a private right of action against a law enforcement
agency that fails to adopt prone restraint policies, train officers to adhere
to those policies, or report policy violations. The bill also creates a private
right of action against individual peace officers and guards employed in
detention facilities who violate policies on which they've been trained,
and authorizes the peace officers standards and training board to impose
related disciplinary measures on peace officers.

Committee Reports
with Amendments
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Fiscal Notes Fiscal Notes (04/10/2024) (most recent)  
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