Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0696.02 Anna Petrini x5497
HOUSE BILL 24-1372
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING REGULATING THE USE OF PRONE RESTRAINT BY LAW101
ENFORCEMENT.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill prohibits peace officers from using prone restraint to
subdue a subject, except in cases in which the use of deadly physical
force is justified. The bill requires officers who use prone restraint to
immediately reposition a person to facilitate breathing once the person is
in handcuffs or the person's hands are tied. The bill applies a similar
prone restraint prohibition and recovery position requirement to guards
HOUSE SPONSORSHIP
Woodrow and Herod, Amabile, Bacon, Brown, deGruy Kennedy, English, Garcia,
Hernandez, Jodeh, Lindsay, Mabrey, Ortiz, Ricks, Rutinel, Vigil
SENATE SPONSORSHIP
Fields and Gonzales, Buckner, Coleman, Cutter, Hinrichsen, Rodriguez, Winter F.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. and peace officers employed in detention facilities.
The bill requires the development of a model state policy on the
risk of positional asphyxia and law enforcement use of prone restraint
when making arrests or preventing escapes. The bill lists elements of the
model policy and directs state and local law enforcement agencies,
including those that supervise detention facilities, to adopt their own
written policies and training requirements based on those elements. Law
enforcement agencies that have not adopted their own policies on or
before July 1, 2026, must comply with the state's model policy. The bill
requires reporting of policy violations.
The bill creates a private right of action against a law enforcement
agency that fails to adopt prone restraint policies, train officers to adhere
to those policies, or report policy violations. The bill also creates a private
right of action against individual peace officers and guards employed in
detention facilities who violate policies on which they've been trained,
and authorizes the peace officers standards and training board to impose
related disciplinary measures on peace officers.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 18-1-707, amend (8);2
and add (2.7) as follows:3
18-1-707. Use of force by peace officers - definitions.4
(2.7) (a) A
PEACE OFFICER SHALL NOT USE PRONE RESTRAINT, INCLUDING5
ANY PHYSICAL OR MECHANICAL RESTRAINT , UPON A PERSON WHO IS IN A6
PRONE POSITION, UNLESS THE PEACE OFFICER IS ALSO JUSTIFIED IN USING7
DEADLY PHYSICAL FORCE PURSUANT TO SUBSECTION (3) OR (4.5) OF THIS8
SECTION.9
(b) W
HEN A PEACE OFFICER USES PRONE RESTRAINT UPON10
ANOTHER PERSON, THE PEACE OFFICER SHALL IMMEDIATELY MOVE THE11
PERSON TO A RECOVERY POSITION TO FACILITATE BREATHING ONCE THE12
PERSON IS IN HANDCUFFS OR THE PERSON'S HANDS ARE TIED.13
(c) A
S USED IN THIS SUBSECTION (2.7) AND IN SUBSECTION (8) OF14
THIS SECTION:15
(I) "M
ECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO16
HB24-1372-2- INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE1
MOVEMENT OR NORMAL FUNCTION OF A PORTION OF A PERSON 'S BODY.2
(II) "P
HYSICAL RESTRAINT" MEANS THE USE OF BODILY, PHYSICAL3
FORCE TO INVOLUNTARILY LIMIT A PERSON 'S FREEDOM OF MOVEMENT .4
(III) "P
RONE POSITION" MEANS THE FRONT OR ABDOMINAL5
SURFACE OF A BODY IS FACING DOWNWARD , INCLUDING POSITIONS IN6
WHICH A PERSON IS LYING WITH CHEST AND ABDOMEN POSITIONED7
DOWNWARD BUT THE PERSON 'S FACE IS TURNED TO THE SIDE OR THE8
PERSON HAS ONE SHOULDER OFF THE GROUND .9
(IV) "P
RONE RESTRAINT" MEANS A RESTRAINT IN WHICH THE10
PERSON WHO IS BEING RESTRAINED IS SECURED OR HELD DOWN IN A PRONE11
POSITION.12
(V) "R
ECOVERY POSITION" MEANS A SITTING POSITION THAT13
ALLOWS THE PERSON TO BREATHE UNOBSTRUCTED OR A POSITION IN14
WHICH THE PERSON LIES ON THE PERSON'S SIDE THAT ALLOWS THE PERSON15
TO BREATHE UNOBSTRUCTED .16
(8) (a) A guard or peace officer employed in a detention facility17
is justified:18
(a)
(I) In using deadly physical force when he THE GUARD OR19
PEACE OFFICER reasonably believes it DEADLY FORCE IS necessary to20
prevent the escape of a prisoner convicted of, charged with, or held for a21
felony or confined under the maximum security rules of any A detention22
facility as such facility is defined in subsection (9) of this section;23
(b) (II) In using reasonable and appropriate physical force, but not24
deadly physical force, in all other circumstances when and to the extent25
that he THE GUARD OR PEACE OFFICER reasonably believes it PHYSICAL26
FORCE IS necessary to prevent what he THE GUARD OR PEACE OFFICER27
HB24-1372
-3- reasonably believes to be the escape of a prisoner from a detention1
facility.2
(b) A
GUARD OR PEACE OFFICER EMPLOYED IN A DETENTION3
FACILITY SHALL NOT USE PRONE RESTRAINT , INCLUDING A PHYSICAL OR4
MECHANICAL RESTRAINT UPON ANOTHER PERSON WHO IS IN A PRONE5
POSITION, UNLESS THE GUARD OR PEACE OFFICER IS ALSO JUSTIFIED IN6
USING DEADLY PHYSICAL FORCE PURSUANT TO SUBSECTION (8)(a)(I) OF7
THIS SECTION.8
(c) W
HEN A GUARD OR PEACE OFFICER EMPLOYED IN A DETENTION9
FACILITY USES PRONE RESTRAINT UPON ANOTHER PERSON , THE GUARD OR10
PEACE OFFICER SHALL IMMEDIATELY MOVE THE PERSON TO A RECOVERY11
POSITION TO FACILITATE BREATHING ONCE THE PERSON IS IN HANDCUFFS12
OR THE PERSON'S HANDS ARE TIED.13
SECTION 2. In Colorado Revised Statutes, add 24-31-907 as14
follows:15
24-31-907. Physical restraint policy - private right of action -16
report - definitions. (1) (a) A
S USED IN THIS SECTION, UNLESS THE17
CONTEXT OTHERWISE REQUIRES :18
(I) "G
UARD" MEANS A GUARD OR PEACE OFFICER EMPLOYED IN A19
DETENTION FACILITY PURSUANT TO SECTION 18-1-707 (8).20
(II) "L
AW ENFORCEMENT AGENCY " OR "AGENCY" MEANS A STATE21
OR LOCAL LAW ENFORCEMENT AGENCY IN COLORADO, INCLUDING AN22
AGENCY THAT SUPERVISES DETENTION FACILITIES PURSUANT TO SECTION23
18-1-707
(8).24
(b) O
N OR BEFORE JULY 1, 2025, THE DEPARTMENT OF PUBLIC25
SAFETY SHALL CREATE A MODEL STATE POLICY ON LAW ENFORCEMENT26
USE OF PHYSICAL RESTRAINT WHEN MAKING AN ARREST OR PREVENTING27
HB24-1372
-4- AN ESCAPE AND ON THE RISK OF POSITIONAL ASPHYXIA . AT A MINIMUM,1
THE MODEL STATE POLICY MUST INCORPORATE THE PRONE RESTRAINT2
PROHIBITIONS DESCRIBED IN SECTION 18-1-707 AND MUST REQUIRE PEACE3
OFFICERS, AS DEFINED IN SECTION 24-31-901, AND GUARDS TO:4
(I) A
S SOON AS THE PERSON IS HANDCUFFED OR THE PERSON 'S5
HANDS ARE TIED, REPOSITION THE PERSON OUT OF THE PRONE POSITION ;6
(II) A
SK THE PERSON IF THE PERSON HAS USED DRUGS RECENTLY7
OR SUFFERS FROM A CARDIAC OR RESPIRATORY DISEASE OR CONDITIONS8
SUCH AS ASTHMA, BRONCHITIS, OR EMPHYSEMA;9
(III) M
ONITOR THE PERSON CAREFULLY AND OBTAIN MEDICAL10
TREATMENT, IF NEEDED;11
(IV) R
ECOGNIZE BREATHING DIFFICULTIES OR LOSS OF12
CONSCIOUSNESS, AND IMMEDIATELY TRANSPORT THE PERSON TO THE13
EMERGENCY ROOM OR CALL FOR AN EMERGENCY MEDICAL TEAM UNIT IF14
SIGNS OF BREATHING DIFFICULTY OR LOSS OF CONSCIOUSNESS ARE15
OBSERVED;16
(V) O
BTAIN NECESSARY MEDICAL TREATMENT FOR THE PERSON ;17
AND18
(VI) I
F THE PERSON IS TRANSPORTED TO A DETENTION FACILITY ,19
INFORM THE CUSTODIANS OF PREEXISTING CARDIAC OR RESPIRATORY20
MEDICAL CONDITIONS OR THAT THE PERSON REQUESTED OR NEEDED21
MEDICAL TREATMENT BECAUSE OF RESPIRATORY DIFFICULTY OR LOSS OF22
CONSCIOUSNESS.23
(c) (I) O
N OR BEFORE JULY 1, 2026, ALL LAW ENFORCEMENT24
AGENCIES IN THE STATE SHALL ADOPT AND PROVIDE THEIR PEACE25
OFFICERS OR GUARDS TRAINI NG ON A WRITTEN POLICY THAT , AT A26
MINIMUM, INCORPORATES THE PRONE RESTRAINT PROHIBITIONS27
HB24-1372
-5- DESCRIBED IN SECTION 18-1-707 AND REQUIRES PEACE OFFICERS AND1
GUARDS TO COMPLY WITH THE REQUIREMENTS SET FORTH IN SUBSECTIONS2
(1)(b)(I)
TO (1)(b)(VI) OF THIS SECTION.3
(II) A
LAW ENFORCEMENT AGENCY THAT HAS NOT ADOPTED ITS4
OWN WRITTEN POLICY PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION5
AND IMPLEMENTED OFFICER TRAINING ON ITS OWN POLICY ON OR BEFORE6
J
ULY 1, 2026, SHALL ADOPT, COMPLY WITH, AND IMPLEMENT TRAINING ON7
THE MODEL STATE POLICY DESCRIBED IN SUBSECTION (1)(b) OF THIS8
SECTION BEGINNING ON JULY 1, 2026.9
(2) (a) A
PARTY INJURED BY A PEACE OFFICER OR GUARD IN10
C
OLORADO HAS A PRIVATE RIGHT OF ACTION AGAINST A LAW11
ENFORCEMENT AGENCY THAT FAILS TO :12
(I) A
DOPT AND ENFORCE A WRITTEN POLICY PURSUANT TO13
SUBSECTION (1) OF THIS SECTION;14
(II) B
EGIN TRAINING THE AGENCY'S PEACE OFFICERS OR GUARDS15
ON THE WRITTEN POLICY ADOPTED PURSUANT TO SUBSECTION (1) OF THIS16
SECTION WITHIN SIX MONTHS AFTER THE POLICY 'S ADOPTION; OR17
(III) R
EPORT, PURSUANT TO SECTION 24-31-903 (2)(f), INCIDENTS18
OF THE AGENCY'S PEACE OFFICERS VIOLATING PROVISIONS OF THE WRITTEN19
POLICY ADOPTED PURSUANT TO SUBSECTION (1) OF THIS SECTION.20
(b) A
PARTY INJURED BY A PEACE OFFICER OR GUARD IN21
C
OLORADO HAS A PRIVATE RIGHT OF ACTION AGAINST AN INDIVIDUAL22
PEACE OFFICER OR GUARD WHO HAS BEEN TRAINED ON A WRITTEN POLICY23
ADOPTED PURSUANT TO SUBSECTION (1) OF THIS SECTION AND WHO ,24
UNDER COLOR OF LAW , VIOLATES THE POLICY. AN INDIVIDUAL PEACE25
OFFICER OR GUARD IS LIABLE TO THE INJURED PARTY FOR LEGAL OR26
EQUITABLE RELIEF OR OTHER APPROPRIATE RELIEF .27
HB24-1372
-6- (3) (a) STATUTORY IMMUNITIES AND STATUTORY LIMITATIONS ON1
LIABILITY, DAMAGES, OR ATTORNEY FEES DO NOT APPLY TO CLAIMS2
BROUGHT PURSUANT TO THIS SECTION .3
(b) T
HE "COLORADO GOVERNMENTAL IMMUNITY ACT", ARTICLE4
10
OF THIS TITLE 24, DOES NOT APPLY TO CLAIMS BROUGHT PURSUANT TO5
THIS SECTION.6
(c) Q
UALIFIED IMMUNITY IS NOT A DEFENSE TO LIABILITY7
PURSUANT TO THIS SECTION.8
(d) I
N ANY ACTION BROUGHT PURS UANT TO THIS SECTION , A COURT9
SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING10
PLAINTIFF. IN ACTIONS FOR INJUNCTIVE RELIEF, A COURT SHALL DEEM A11
PLAINTIFF TO HAVE PREVAILED IF THE PLAINTIFF 'S SUIT WAS A12
SUBSTANTIAL FACTOR OR SIGNIFICANT CATALYST IN OBTAINING THE13
RESULTS SOUGHT BY THE LITIGATION. WHEN A JUDGMENT IS ENTERED IN14
FAVOR OF A DEFENDANT , THE COURT MAY AWARD REASONABLE COSTS15
AND ATTORNEY FEES TO THE DEFENDANT FOR DEFENDING ANY CLAIMS THE16
COURT FINDS FRIVOLOUS.17
(e) (I) N
OTWITHSTANDING ANY OTHER PROVISION OF LAW , THE18
EMPLOYER OF A PEACE OFFICER OR GUARD SHALL INDEMNIFY ITS OFFICERS19
OR GUARDS FOR ANY LIABILITY INCURRED BY THE OFFICER OR GUARD AND20
FOR ANY JUDGMENT OR SETTLEMENT ENTERED AGAINST THE OFFICER OR21
GUARD FOR CLAIMS ARISING PURSUANT TO THIS SECTION ; EXCEPT THAT,22
IF THE OFFICER'S OR GUARD'S EMPLOYER DETERMINES ON A CASE-BY-CASE23
BASIS THAT THE OFFICER OR GUARD DID NOT ACT UPON A GOOD -FAITH AND24
REASONABLE BELIEF THAT THE ACTION WAS LAWFUL , THEN THE OFFICER25
OR GUARD IS PERSONALLY LIABLE AND SHALL NOT BE INDEMNIFIED BY THE26
OFFICER'S OR GUARD'S EMPLOYER FOR FIVE PERCENT OF THE JUDGMENT OR27
HB24-1372
-7- SETTLEMENT OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER IS LESS.1
(II)
NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE2
CONTRARY, IF THE OFFICER'S OR GUARD'S PORTION OF THE JUDGMENT IS3
UNCOLLECTIBLE FROM THE OFFICER OR GUARD , THE OFFICER'S OR GUARD'S4
EMPLOYER OR INSURANCE SHALL SATISFY THE FULL AMOUNT OF THE5
JUDGMENT OR SETTLEMENT . A PUBLIC ENTITY DOES NOT HAVE TO6
INDEMNIFY AN OFFICER OR GUARD IF THE OFFICER OR GUARD WAS7
CONVICTED OF A CRIMINAL VIOLATION FOR THE CONDUCT FROM WHICH8
THE CLAIM ARISES UNLESS THE OFFICER'S OR GUARD'S EMPLOYER WAS A9
CAUSAL FACTOR IN THE VIOLATION THROUGH ITS ACTION OR INACTION .10
(f) (I) A
N EMPLOYER SHALL NOT:11
(A) P
REEMPTIVELY DETERMINE WHETHER A PEACE OFFICER ACTED12
IN GOOD FAITH BEFORE SUCH ACTION IN QUESTION HAS OCCURRED ; OR13
(B) P
ROVIDE A DETERMINATION THAT A PEACE OFFICER IS DEEMED14
TO HAVE ACTED IN GOOD FAITH UNTIL COMPLETION OF A DOCUMENTED15
INVESTIGATION CONDUCTED BY THE PEACE OFFICER 'S EMPLOYER.16
(II) I
F A PERSON BELIEVES THAT A PEACE OFFICER'S EMPLOYER HAS17
VIOLATED SUBSECTION (3)(f)(I) OF THIS SECTION, THE PERSON SHALL18
SUBMIT A COMPLAINT TO THE P.O.S.T. BOARD, CREATED IN SECTION19
24-31-302,
WHICH SHALL REFER THE COMPLAINT TO AN ADMINISTRATIVE20
LAW JUDGE TO DETERMINE WHETHER A VIOLATION OCCURRED . THE21
ADMINISTRATIVE LAW JUDGE SHALL NOTIFY THE P.O.S.T. BOARD CHAIR22
OF A FINDING THAT A VIOLATION OF SUBSECTION (3)(f)(I) OF THIS SECTION23
OCCURRED. IF A VIOLATION IS FOUND, THE P.O.S.T. BOARD SHALL NOT24
PROVIDE MONEY FROM THE P.O.S.T. CASH FUND, AS CREATED IN SECTION25
24-31-303 (2)(b),
TO THE EMPLOYER FOR ONE FULL YEAR AFTER THE DATE26
OF THE FINDING.27
HB24-1372
-8- (III) FOR THE PURPOSES OF THIS SUBSECTION (3)(f), AN EMPLOYER1
INCLUDES THE ELECTED SHERIFF , CHIEF OF POLICE, CITY OR TOWN2
ADMINISTRATOR, COUNTY ADMINISTRATOR , MAYOR, CITY OR TOWN3
COUNCIL, COUNTY COMMISSION , OR ANY OTHER PUBLIC B ODY WITH4
FORMAL SUPERVISION AND OVERSIGHT OF A LAW ENFORCEMENT AGENCY .5
(g) A
CIVIL ACTION PURSUANT TO THIS SECTION MUST BE FILED6
WITHIN TWO YEARS AFTER THE CAUSE OF ACTION ACCRUES .7
SECTION 3. In Colorado Revised Statutes, 24-31-903, add (2)(f)8
as follows:9
24-31-903. Division of criminal justice report. (2) Beginning10
April 1, 2022, the Colorado state patrol and each local law enforcement11
agency that employs peace officers shall report to the division of criminal12
justice the following using data-collection methods developed for this13
purpose by the division of criminal justice in conjunction with the14
Colorado bureau of investigation and local law enforcement agencies:15
(f) A
LL INSTANCES WHEN A PEACE OFFICER VIOLATES PROVISIONS16
OF THE WRITTEN POLICY ADOPTED PURSUANT TO SECTION 24-31-907 (1).17
SECTION 4. In Colorado Revised Statutes, 24-31-904, add (5)18
as follows:19
24-31-904. Peace officer certification discipline. (5) F
OR20
PURPOSES OF THIS SECTION, THE USE OF PRONE RESTRAINT IN VIOLATION21
OF SECTION 18-1-707 CONSTITUTES UNLAWFUL PHYSICAL FORCE .22
SECTION 5. Safety clause. The general assembly finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety or for appropriations for25
the support and maintenance of the departments of the state and state26
institutions.27
HB24-1372
-9-