S-0064.1

SENATE BILL 5042

BySenators Padden, Fortunato, and Holy

AN ACT Relating to authorizing the use of vascular neck restraints; amending RCW 10.116.020; and adding a new section to chapter 43.101 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 10.116.020 and 2021 c 320 s 2 are each amended to read as follows:

(1) A peace officer may not use a chokehold ((or neck restraint)) on another person in the course of his or her duties as a peace officer.

(2) Any policies pertaining to the use of force adopted by law enforcement agencies must be consistent with this section.

(3) For the purposes of this section((:

(a) "Chokehold"))"chokehold" means the intentional application of direct pressure to a person's trachea or windpipe for the purpose of restricting another person's airway.

(((b) "Neck restraint" refers to any vascular neck restraint or similar restraint, hold, or other tactic in which pressure is applied to the neck for the purpose of constricting blood flow.))

NEW SECTION.  Sec. 2. A new section is added to chapter 43.101 RCW to read as follows:

(1) By December 1, 2023, the Washington state criminal justice training commission, the Washington state patrol, the Washington association of sheriffs and police chiefs, and organizations representing state and local law enforcement officers shall develop a written model policy on the use of vascular neck restraints.

(2) The commission shall provide training for law enforcement officers on the proper use of vascular neck restraints. A minimum of 50 percent of peace officers employed within any law enforcement agency must be properly trained and certified in the use of vascular neck restraints.

(3) By June 1, 2024, every state, county, and municipal law enforcement agency shall adopt and implement a vascular neck restraint policy. The policy adopted may, but need not, be the model policy developed under subsection (1) of this section.

(4) For the purposes of this section, "vascular neck restraint" refers to any vascular neck restraint or similar restraint, hold, or other tactic in which pressure is applied to the neck for the purpose of constricting blood flow.

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