Vote Smart's Synopsis:

Vote to pass a bill that prohibits law enforcement officers from using chokeholds to restrain individuals.

Highlights:

• Defines "detainee" as a person deprived of liberty and kept under involuntary restraint, confinement, or custody (Sec. 566.145-2-1).

• Prohibits a law enforcement officer from using a respiratory choke-hold unless deadly force is authorized (Sec. 563.015-1).

• Specifies a respiratory choke-hold includes the use of any body part or object to attempt to control or disable by applying pressure to a person's neck with the purpose, intent, or effect of controlling or restricting such person's breathing (Sec. 563.015-2).

• Establishes a person commits the offense of sexual conduct in the course of public duty if the person engages in sexual conduct with someone who is not a detainee, a prisoner, or an offender and the person is (Sec. 566.145-2):

• A probation and parole officer, a police officer, or an employee of, or assigned to work in, any jail, prison, or correctional facility;

• On duty; and

• Acting with a coercive purpose.

• Requires all law enforcement agencies to enroll in the state and federal Rap Back programs on or before January 1, 2022, and continue to remain enrolled. The law enforcement agency to take all necessary steps to maintain officer enrollment for all officers commissioned with that agency in the Rap Back programs (Sec. 566.145-7).

• Establishes the "Critical Incident Stress Management Program" within the Department of Public Safety. The program will provide services for peace officers to assist in coping with stress and potential psychological trauma resulting from a response to a critical incident or emotionally difficult event (Sec. 590.192-1).

• Requires all peace officers to meet with a program service provider once every 3 to 5 years for a mental health check-in. The program service provider will send a notification to the peace officer's commanding officer that he or she completed the check-in (Sec. 590.192-2).

• Establishes the "988 Public Safety Fund", which consists of money appropriated by the general assembly. The state treasurer will be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements (Sec. 590.192-4-1).

• Classifies a "use-of-force incident" as an incident in which (Sec. 590.1265-4):

• A fatality occurs that is connected to a use of force by a peace officer;

• Serious bodily injury occurs that is connected to a use of force by a peace officer; or

• In the absence of death or serious physical injury, a peace officer discharges a firearm at, or in the direction of, a person.

• Requires the Department of Public Safety to undertake an analysis of any trends and disparities in rates of use of force by all law enforcement agencies, with a report to be released to the public no later than June 30, 2025. The report shall be updated periodically thereafter, but not less than once every 5 years (Sec. 590.1265-7).

Full Bill Text