Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of police chokeholds, and requires police department to establish use of force policies.

Highlights:

• Defines “choke hold” as a physical maneuver that restricts an individual’s ability to breathe for the purposes of incapacitation (Sec. 2).

• Defines “commission” as the Municipal Police Officers’ Education and Training Commission and “commissioner” as the Commissioner of Pennsylvania State Police (Sec. 2).

• Defines “deadly force” as force, for which under the circumstances used is readily capable of causing death or serious bodily injury (Sec. 2).

• Defines “law enforcement agency” as an agency employing a law enforcement officer, and defines “law enforcement officer” to have the same meaning as “peace officer” (Sec. 2).

• Defines “serious bodily injury” as bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement or protected loss or impairment of the function of a bodily member or organ (Sec 2).

• Defines “weapon” as anything readily capable of lethal use, including a firearm that is not loaded or lacks a clip or other component which render it immediately operable (Sec. 2).

• Requires each law enforcement agency to develop and implement a written use of force policy governing the procedures under which law enforcement officers should initiate, which terminates the use of force policies (Sec. 2).

• Requires each policy to include current training and certification standards that include the following procedural elements (Sec. 2):

• Decision-making criteria or principals for initiation of force, including, but not limited to;

• The severity of the crime at issue;

• Whether the suspect poses an immediate threat to the safety of the law enforcement officer or others;

• The potential for harm or immediate potential danger to others if the fleeing individual escapes;

• Whether the suspect is actively resisting arrest or attempting to evade arrest by flight; and

• Whether the suspect is in possession of a weapon;

• Responsibilities of the law enforcement officers;

• Responsibilities of the field supervisor;

• Decision-making criteria or principals for termination of force; and

• Recordkeeping protocols for use of force incidents.

• Requires the law enforcement agency policy to prohibit the use of choke holds by law enforcement officers except in cases in which deadly force is authorized (Sec. 2).

• Requires each law enforcement officer to receive training and instruction in regard to the proper use of force before carrying a weapon (Sec. 2).

• Specifies that a law enforcement officer should use discretion to determine reasonable force options to bring a suspect under control and further establishes that a law enforcement officer shall not be required to first attempt types and degrees of force that reasonably appear inadequate in order to accomplish the intended objectives (Sec. 2).

• Requires the commission to every year provide to the Pennsylvania State Police a list of law enforcement agencies that have not notified or certified to the commission their use of force policy changes (Sec. 2).

Full Bill Text