Bill Status of HB5803 101st General Assembly
Short Description: USE OF DEADLY FORCE-CUSTODY
Rep. Kambium Buckner
| 1/13/2021||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that a peace officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a peace officer and to warn that deadly force may be used, unless the officer has reasonable grounds to believe the person is aware of those facts. Provides that a peace officer shall not use deadly force against a person based on the danger that the person poses to himself or herself, if a reasonable officer would believe that the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person. Provides that the authority to use physical force conferred on peace officers is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. Provides that peace officers shall use deadly force only when necessary in defense of human life. Provides that officers shall evaluate each situation in light of the particular circumstances of each case and shall use other available resources and techniques, if reasonably safe and feasible to a reasonable officer. Provides that the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies. Provides that the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to or perceived by the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force. Provides that law enforcement agencies are encouraged to adopt and develop policies designed to protect individuals with physical, mental health, developmental, or intellectual disabilities, who are significantly more likely to experience greater levels of physical force during police interactions, as these disabilities may affect the ability of a person to understand or comply with commands from peace officers. Makes other changes. Effective immediately.
|Date||Chamber|| Action|| 6/16/2020||House||Filed with the Clerk by Rep. Kambium Buckner|| 11/10/2020||House||First Reading|| 11/10/2020||House||Referred to Rules Committee|| 1/13/2021||House||Session Sine Die|