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Last Update 2/13/2024

During the 2020 2nd Special Session, legislators passed a bill that includes the following measures:

  • Defines "public safety peer counseling" and "critical incident stress management" and protects information shared during peer counseling and critical incident stress management settings by classifying it as private data.
  • Establishes the Independent Use of Force Investigations Unit within the Bureau of Criminal Apprehension (BCA).
  • Allows cities and counties to offer incentives to encourage a person hired as a peace officer to be a resident of the city or county.
  • Severely restricts the use of choke holds, tying all of a person's limbs together behind the person's back to render the person immobile, or securing a person in any way that results in transporting the person face down in a vehicle.
  • Provides that the authority to use deadly force conferred on peace officers is critical responsibility that must be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.
  • Limits use of deadly force and prohibits use of deadly force against a person based on the danger the person poses to self.
  • Requires the chief law enforcement officer to report each incident of law enforcement use of force resulting in serious bodily injury or death to the BCA.
  • Increases the number of Peace Officer Standard and Training (POST) Board members from 15 to 17, with the two additional appointments being members of the public appointed by the governor (this increases the number of members of the public on the POST Board from two to four).
  • Prohibits law enforcement agencies from providing or funding "warrior-style" training to peace officers and prohibits officers from receiving continuing education credits or tuition reimbursement for warrior-style training.
  • Establishes the 15-member Ensuring Police Excellence and Improving Community Relations Advisory Council under the POST Board, whose purpose is to assist the board in maintaining policies and regulating peace officers in a manner that ensures the protection of civil and human rights.
  • Requires the POST Board to develop a "duty-to-intercede" model policy mandating peace officers to intercede when present and observing another peace officer using force that is clearly beyond what is objectively reasonable (this provision also contains a duty to report the incident to a supervisor).
  • Requires chief law enforcement officers to report investigation and disposition of cases involving alleged police misconduct, and creates a database for the reports.
  • Expands peace officer training in cultural diversity, mental illness, crisis intervention, and autism.
  • Modifies the arbitration for law enforcement grievances so the arbitrator would be chosen from a six-person rotation in alphabetical order, and neither the officer nor the employer could be involved in choosing the arbitrator.

During the 3rd one-day Special Session on August 12, the Legislature made a few minor changes to the Police Accountability Act that was passed in the second special session in July.

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