Bills · 2023-2024 Regular Session
Relating to: decertification of law enforcement, tribal law enforcement, jail, or juvenile detention officers and the use of force by law enforcement officers. (FE)
Indians and tribal issues Jail Juvenile detention facility Law enforcement standards board Police
- Introduced, stopped here
- Passes Senate, not reached
- Passes Assembly, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Current law provides the circumstances under which a law enforcement officer
may use force. Under current law, a law enforcement officer must make every effort
to preserve and protect human life and the safety of all persons. Law enforcement
officers may use force that is objectively reasonable based on the totality of the
circumstances, including the severity of the crime, if the suspect poses an imminent
threat, or if the suspect is actively resisting or evading arrest by flight. This bill adds
that a law enforcement officer should use skills and tactics, including de-escalation
tactics, that minimize the likelihood that force will become necessary and that a law
enforcement officer who is authorized to use force must use the least amount of force
necessary to address the threat.
Under current law, the Law Enforcement Standards Board may decertify law
enforcement, tribal law enforcement, jail, or juvenile detention officers for a variety
of reasons. This bill provides that LESB must decertify officers for those reasons, and
adds the following to the list of reasons to decertify an officer: 1) violating or not
complying with the law governing the use of force and 2) terminating employment
while under investigation for committing an act of official misconduct. An officer
decertified while under investigation for committing an act of official misconduct
may not be recertified unless the officer receives a waiver from the police commission
or police and fire commission, if applicable, or the governing body, of the jurisdiction
in which he or she seeks employment and corresponding recertification. The bill also
requires that LESB decertify officers within 30 days after the relevant event that is
the cause for decertification.
The bill requires LESB to develop a model use of force policy for law
enforcement agencies to use in addition to complying with the law governing the use
of force. The model policy must address interactions with individuals with mental
disorders, alcohol or drug problems, dementia disorders, and developmental
disabilities; limit the use of force against vulnerable populations; and include other
best practices that LESB identifies.
Sponsors
Introduced by: L. Johnson (D) , Larson (D)
3 cosponsors
Clancy (D) , Madison (D) , Moore Omokunde (D)
Full history
- Apr 11, 2024 · Senate
Introduced by Senators L. Johnson and Larson; cosponsored by Representatives Madison, Moore Omokunde and Clancy
- Apr 11, 2024 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Apr 15, 2024 · Senate
Failed to pass pursuant to Senate Joint Resolution 1