Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that establishes the crime of "aggravated strangulation," and prohibits law-enforcement officers from using a chokehold on another person while acting within their official capacity as a law-enforcement officer.

Highlights:

• Defines “chokehold” as a technique intended to restrict another person’s airway, prevent their breathing, or constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person (Sec. 1).

• Establishes the offense of “aggravated strangulation” and defines it as a law-enforcement officer, acting within their official capacity as a law-enforcement officer, that knowingly or intentionally uses a chokehold on another person (Sec. 1).

• Classifies aggravated strangulation as a Class C felony if the officer causes serious physical injury or death to the person while committing the offense (Sec. 1).

• Specifies that the use of a chokehold is only justifiable when the person reasonably believes the use of deadly force is necessary to protect the life of a civilian or a law enforcement officer (Sec. 1).

• Specifies that if a person is charged under this section, such a charge will not limit or preclude any other charge being brought against the person (Sec. 1).

Full Bill Text