Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that prohibits police officers from using deadly force before attempting de-escalation techniques.

Highlights:

• Defines “level of force” as an escalating series of actions a peace officer may use to resolve or control a situation or person depending on the intensity of the situation or resistance of the person that ranges from the use of no force to the use of deadly force (Sec. 2-7.b).

• Authorizes a peace officer to issue a citation if (Sec. 1-2):

• The warrant is issued upon an offense punishable as a misdemeanor;

• The officer has no indication that the defendant has previously failed to appear on the charge reflected in the warrant;

• The defendant provides satisfactory evidence of his or her identity to the peace officer;

• The defendant signs a written promise to appear in court for the misdemeanor offense; and

• The officer has reasonable grounds to believe that the defendant will keep a written promise to appear in court.

• Requires each law enforcement agency to adopt a written policy and provide training to a peace officer regarding the potential threat of serious bodily harm or death to the peace officer or others from a person who (Sec. 2-3):

• Is not armed with a deadly weapon; and

• Appears to the peace officer or is known by the peace officer to be:

• Under 13 years of age;

• Over 70 years of age;

• Physically frail;

• Mentally or physically disabled;

• Pregnant;

• Suffering from a mental or behavioral health issue; or

• Experiencing a medical emergency.

• Requires each law enforcement agency to submit the report required in a manner approved by the Director of the Department of Public Safety and in accordance with the policies, procedures and definitions of the Department (Sec. 3-2).

• Requires the law enforcement agency that employs the peace officer who used a restraint chair to create and maintain a record of the incident which includes, without limitation (Sec. 4-4.e):

• The period for which the person was restrained in the restraint chair; and

• A description of any injuries sustained by the person as a result of the use of the restraint chair.

• Prohibits a peace officer from, in response to a protest or demonstration (Sec. 4-7):

• Discharge a kinetic energy projectile indiscriminately into a crowd or in a manner that intentionally targets the head, pelvis or spine or any other vital area of the body of a person unless the person poses an immediate threat of physical harm or death to the peace officer or others; or

• Use a chemical agent without first declaring that the protest or demonstration constitutes an unlawful assembly and providing to the persons who are present at the protest or demonstration.

• Classifies “choke hold” as the following (Sec. 4-9.b):

• A method by which a person applies sufficient pressure to another person to make breathing difficult or impossible, including, without limitation, any pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce intake of air; or

• Applying pressure to a person’s neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.

Full Bill Text