Rep. RUTHERFORD proposes the following Amendment No. to H. 3050 (COUNCIL\VR\3050C002.CC.VR21):

Reference is to Printer's Date 4/21/21-H.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/ SECTION3. Chapter 1, Title 23 of the 1976 Code is amended by adding:

"Section 23-1-250.( A)For the purposes of this section, the term 'chokehold or carotid hold' means the application of deadly force in a manner that applies extended or continued pressure to the throat or windpipe, a maneuver that restricts blood or oxygen flow to the brain, or a carotid artery restraint that prevents or hinders breathing or reduces the intake of air by an individual.

(B) (1)The use of a chokehold or carotid hold is justifiable only if a law enforcement officer reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law enforcement officer. The substantiated use of an unjustified chokehold or carotid hold shall be deemed excessive force and may result in criminal prosecution.

(2) In addition to the prohibitions in item (1), a law enforcement officer may not use greater restraint than is necessary when detaining a person or unreasonable force when making an arrest.

( 3) A person who violates this section is guilty of use of excessive force, a felony and, upon conviction, must be imprisoned for not more than thirty years. Charges pursuant to this section only must be brought by an investigative agency.

(C) In addition to the penalty provided in this section, the use of excessive force may serve as grounds for disciplinary action against the law enforcement officer, including dismissal, demotion, suspension, or transfer.

(D)The Law Enforcement Training Council shall develop and implement curriculum to address the lawful justifiable use of chokeholds and carotid holds in accordance with this section." /