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2020 SPECIAL SESSION I

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HB 5029 Law-enforcement officer; failure to intervene in an unlawful use of excessive force, penalties.

Introduced by: Delores L. McQuinn | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Law-enforcement officer; failure to intervene in an excessive use of force; penalties. Requires that any law-enforcement officer who while in the performance of his official duties witnesses another law-enforcement officer engaging or attempting to engage in the use of excessive force, defined in the bill, against another person shall intervene, when such intervention is objectively reasonable and possible, to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. The bill also requires a law-enforcement officer to render aid, as circumstances objectively permit, to any person injured as the result of such use of excessive force. The bill requires a law-enforcement officer to report intervention or use of excessive force in accordance with his employing agency's policies for reporting misconduct. The bill provides that any law-enforcement officer who violates the provisions of the bill shall be subject to disciplinary action.

SUMMARY AS PASSED HOUSE:

Law-enforcement officer; failure to intervene in an excessive use of force; penalties. Requires that any law-enforcement officer who witnesses another law-enforcement officer, in the performance of his official duties, engaging or attempting to engage in the use of excessive force, defined in the bill, against another person shall intervene, when such intervention is objectively reasonable and possible, to end the use of excessive force or attempted use of excessive force, or to prevent the further use of excessive force. The bill also requires a law-enforcement officer to render aid, as circumstances objectively permit, to any person injured as the result of such use of excessive force. The bill states that the knowing failure to intervene in the use of nondeadly excessive force is punishable as a Class 1 misdemeanor and the knowing failure to intervene in the use of excessive force that is deadly force is punishable as a Class 6 felony. The bill punishes the knowing failure to intervene in the use of excessive force that leads to death or if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment as a Class 4 felony.

SUMMARY AS INTRODUCED:

Law-enforcement officer; failure to intervene in an unlawful use of force; penalties. Requires that any law-enforcement officer who witnesses another law-enforcement officer engaging or attempting to engage in the unlawful use of force against another person shall intervene, when such intervention is objectively reasonable and possible, to end the unlawful use or attempted unlawful use of force, or to prevent the further unlawful use of force. The bill also requires a law-enforcement officer to render aid, as circumstances objectively permit, to any person injured as the result of such unlawful use of force. The bill states that the knowing failure to intervene in the unlawful use of non-deadly force is punishable as a Class 1 misdemeanor and the knowing failure to intervene in the unlawful use of deadly force is punishable as a Class 6 felony. The bill punishes the knowing failure to intervene in the unlawful use of force that leads to death or if the victim is thereby severely injured and is caused to suffer permanent and significant physical impairment as a Class 4 felony.