5919 AMS PADD TREM 014

SB 5919 - S AMD TO AMS (DHIN MCKI 040) 1058

By Senator Padden

PULLED 02/09/2022

On page 4, after line 27, insert the following:

"Sec. 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.))"

On page 5, beginning on line 20, after "10.120.010" strike "and 10.120.020" and insert ", 10.120.020, and 10.116.020"

EFFECT: Restore law enforcement authority to use neck restraints when using physical force if use of a neck restraint is proportional to the amount of physical force necessary to overcome resistance under the circumstances and effect a lawful purpose.

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