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Rep. Monique D. Davis
Filed: 3/23/2015
| | 09900HB1394ham003 | | LRB099 06218 RLC 32945 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1394
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1394 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the |
| 5 | | Prohibited Use of Force Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Chokehold" means a method by which a person holds another |
| 8 | | person by putting his or her arm around the other person's neck |
| 9 | | with sufficient pressure to make breathing difficult or |
| 10 | | impossible and includes, but is not limited to, any
pressure to |
| 11 | | the throat or windpipe, which may prevent or hinder breathing |
| 12 | | or
reduce intake of air. |
| 13 | | "Peace officer" has the meaning as indicated in Section |
| 14 | | 2-13 of the Criminal Code of 2012. |
| 15 | | "Private security contractor", "private security |
| 16 | | contractor agency", and "employee" have the meanings ascribed |
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| | 09900HB1394ham003 | - 2 - | LRB099 06218 RLC 32945 a |
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| 1 | | to them in the Private
Detective, Private Alarm, Private |
| 2 | | Security, Fingerprint Vendor, and Locksmith Act of 2004.
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| 3 | | Section 10. Prohibited use of force. |
| 4 | | (a) A peace officer, private security contractor, or |
| 5 | | employee of a private security contractor agency shall not |
| 6 | | apply
a chokehold in the performance of his or her duties, |
| 7 | | unless faced with a situation in which the
use of deadly force |
| 8 | | is justified under Article 7 of the Criminal Code of 2012. |
| 9 | | (b) After gaining control of a subject, a peace officer, |
| 10 | | private security contractor, or employee of a private security |
| 11 | | contractor agency shall not: |
| 12 | | (1) sit, kneel, or stand on a subject's chest or |
| 13 | | stomach, resulting in chest compression and a
reduction in |
| 14 | | the subject's ability to breathe; or |
| 15 | | (2) place the subject on his or her stomach, or in a |
| 16 | | manner that prohibits free breathing. |
| 17 | | (c) A peace officer, private security contractor, or |
| 18 | | private security contractor agency shall not use more officers, |
| 19 | | contractors, or employees of a private security contractor |
| 20 | | agency than
are reasonably necessary based on the totality of |
| 21 | | the circumstances to effect an arrest, overcome
resistance, |
| 22 | | control a subject, or protect themselves or others from injury. |
| 23 | | (d) A peace officer, private security contractor, or |
| 24 | | employee of a private security contractor agency shall monitor |
| 25 | | individuals being detained and
seek medical attention for any |