Neck Restraint Prohibition Act

Summary: The Neck Restraint Prohibition Act prevents law enforcement agencies from using the kind of neck restraints that led to the deaths of George Floyd, Elijah McClain, and many others.

Based on District of Columbia Bill 23-0774 (2020).

SECTION 1. SHORT TITLE

This Act shall be called the “Neck Restraint Prohibition Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature/council find and declare that:

1) Law enforcement use of neck restraints constitutes the use of lethal and excessive force which presents an unnecessary danger to the public.

2) On May 25, 2020, Minneapolis Police Department officer Derek Chauvin killed George Floyd by applying a neck restraint to Floyd with his knee for 8 minutes and 46 seconds.

3) Hundreds of thousands, if not millions, of people in cities and states across the world have taken to the streets to peacefully protest injustice, racism, and police brutality against people of color. Police brutality is abhorrent and does not reflect this city’s/state’s values.

4) It is the intent of the legislature/council in the enactment of this provision to unequivocally ban the use of neck restraints by law enforcement.

(B) PURPOSE—This law is enacted to protect Americans from lethal and excessive force by law enforcement officers.

SECTION 3. NECK RESTRAINT PROHIBITION

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—For purposes of this section:

1) “Law enforcement agency” means the sheriff’s office of any county, the police department of any city or municipality, or the state police.

2) “Law enforcement officer” means a sworn officer of a law enforcement agency.

3) “Neck restraint” means the use of any body part or object to attempt to control or disable a person by applying pressure against the person’s neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s movement or restricting their blood flow or breathing.

(B) UNLAWFUL NECK RESTRAINTS

1) It shall be unlawful for any law enforcement officer to apply a neck restraint.

2) It shall be unlawful for any law enforcement officer who observes the application of a neck restraint to fail to immediately render, or cause to be rendered, first aid on the person on whom the neck restraint was applied, or immediately request emergency medical services for the person on whom the neck restraint was applied.

(C) ENFORCEMENT

1) Any law enforcement officer who violates the provisions of this subsection shall be guilty of an assault [insert here the penalties for a serious assault].

2) The [Chief of Police], pursuant to [cite existing administrative procedure act], shall issue rules for disciplinary procedures to enforce this provision.

SECTION 4. EFFECTIVE DATE             

This law shall become effective on XXXXXX 1, 2020.

 

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