Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the use of chokeholds by law enforcement officers, except in certain circumstances.

Highlights:

• Authorizes a peace officer to use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe (Sec. 7):

• That the person poses an imminent threat of physical injury to the peace officer or to a third person; or

• That the use of physical force is necessary to:

• Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or

• Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a crime.

• Requires a peace officer that has a reasonable opportunity to do so, prior to using physical force upon another person, to (Sec. 7):

• Consider alternatives such as verbal de-escalation, waiting or using other available resources and techniques if reasonable, safe and feasible; and

• Give a verbal warning to the person that physical force may be used and provide the person with a reasonable opportunity to comply.

• Authorizes a peace officer to use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to (Sec. 8):

• Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony;

• Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or

• Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a violent felony.

• Requires a peace officer that has a reasonable opportunity to do so, prior to using deadly physical force upon another person, to (Sec. 8):

• Consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and

• Give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply.

Full Bill Text