Law-enforcement officer conduct during an arrest or detention; use of force, prohibited practices. (HB5114)

Introduced By

Del. Lashrecse D. Aird (D-Petersburg) with support from 6 copatrons, whose average partisan position is:

Those copatrons are Del. Betsy Carr (D-Richmond), Del. Josh Cole (D-Stafford), Del. Patrick Hope (D-Arlington), Del. Kaye Kory (D-Falls Church), Del. Sam Rasoul (D-Roanoke), Del. Ibraheem Samirah (D-Herndon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Law-enforcement officer conduct during an arrest or detention; use of force; prohibited practices. Prohibits the use of excessive force, defined in the bill as any force that is objectively unreasonable given the totality of the circumstances, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether the suspect is actively resisting arrest or attempting to evade arrest by flight, against any person. Additionally, the bill provides that a law-enforcement officer shall not use deadly force against a person unless (i) the law-enforcement officer reasonably believes that deadly force is immediately necessary to protect the law-enforcement officer or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death; (ii) the law-enforcement officer's actions are reasonable, given the totality of the circumstances; and (iii) all other options have been exhausted or do not reasonably lend themselves to the circumstances. The bill also prohibits the use of neck restraints by law-enforcement officers. Read the Bill »

Status

08/22/2020: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
08/22/2020Presented and ordered printed 20200081D
08/22/2020Referred to Committee for Courts of Justice
08/31/2020Impact statement from DPB (HB5114)

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