Bill Status of HB0310 97th General Assembly
Short Description: CD CORR-OFFICER USE OF FORCE
Rep. Thomas M. Bennett
| 1/8/2019||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that if one or more committed persons in a Department of Corrections institution or facility injures or attempts to injure in a violent manner any employee, officer, guard, other peace officer or any other committed person or damages or attempts to damage any building or workshop, or any appurtenances thereof, or attempts to escape, or disobeys or resists any lawful command, the employees, officers, guards and other peace officers shall use all suitable means to defend other persons as well as themselves, to enforce the observance of discipline, to achieve a permitted purpose, to secure the persons of the offenders, and prevent such attempted violence or escape. Provides that use of force shall be terminated as soon as force is no longer necessary. Provides that corporal punishment is prohibited. Provides that use of chemical agents may be justified under the following circumstances: (1) when use of force is otherwise justified; (2) when lesser means are unavailable or inadequate; (3) when a committed person refuses to follow direct orders and verbalizes intent to resist the use of justified force to compel compliance with a lawful command; or (4) when a reasonable person would believe that a committed person is likely to resist the use of justified force to compel compliance with a lawful command. Provides that in a Department of Juvenile Justice facility, force shall be employed only to the degree reasonably necessary to defend oneself, another person, or to achieve a permitted purpose. Provides that use of force shall be terminated as soon as force is no longer necessary. Effective immediately.