Full Text of HB1394 99th General Assembly
HB1394ham003 99TH GENERAL ASSEMBLY | Rep. Monique D. Davis Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1394
| 2 | | AMENDMENT NO. ______. Amend House Bill 1394 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Prohibited Use of Force Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Chokehold" means a method by which a person holds another | 8 | | person by putting his or her arm around the other person's neck | 9 | | with sufficient pressure to make breathing difficult or | 10 | | impossible and includes, but is not limited to, any
pressure to | 11 | | the throat or windpipe, which may prevent or hinder breathing | 12 | | or
reduce intake of air. | 13 | | "Peace officer" has the meaning as indicated in Section | 14 | | 2-13 of the Criminal Code of 2012. | 15 | | "Private security contractor", "private security | 16 | | contractor agency", and "employee" have the meanings ascribed |
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| 1 | | to them in the Private
Detective, Private Alarm, Private | 2 | | Security, Fingerprint Vendor, and Locksmith Act of 2004.
| 3 | | Section 10. Prohibited use of force. | 4 | | (a) A peace officer, private security contractor, or | 5 | | employee of a private security contractor agency shall not | 6 | | apply
a chokehold in the performance of his or her duties, | 7 | | unless faced with a situation in which the
use of deadly force | 8 | | is justified under Article 7 of the Criminal Code of 2012. | 9 | | (b) After gaining control of a subject, a peace officer, | 10 | | private security contractor, or employee of a private security | 11 | | contractor agency shall not: | 12 | | (1) sit, kneel, or stand on a subject's chest or | 13 | | stomach, resulting in chest compression and a
reduction in | 14 | | the subject's ability to breathe; or | 15 | | (2) place the subject on his or her stomach, or in a | 16 | | manner that prohibits free breathing. | 17 | | (c) A peace officer, private security contractor, or | 18 | | private security contractor agency shall not use more officers, | 19 | | contractors, or employees of a private security contractor | 20 | | agency than
are reasonably necessary based on the totality of | 21 | | the circumstances to effect an arrest, overcome
resistance, | 22 | | control a subject, or protect themselves or others from injury. | 23 | | (d) A peace officer, private security contractor, or | 24 | | employee of a private security contractor agency shall monitor | 25 | | individuals being detained and
seek medical attention for any |
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| 1 | | individual who displays injuries or illnesses.
| 2 | | Section 15. Sentence. A violation of this Act is a Class 4 | 3 | | felony.".
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