Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0696.02 Anna Petrini x5497
HOUSE BILL 24-1372
House Committees Senate Committees
Judiciary
Appropriations
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
Amended 2nd Reading
April 19, 2024
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, add (2.7)2
as follows:3
18-1-707. Use of force by peace officers - definitions.4
(2.7) (a) AS USED IN THIS SUBSECTION (2.7), UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(I) "MECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO7
INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE8
MOVEMENT OR NORMAL FUNCTION OF A PORTION OF A PERSON 'S BODY.9
(II) "PRONE POSITION" MEANS A POSITION IN WHICH A PERSON IS10
LYING ON A SOLID SURFACE WITH THE PERSON'S CHEST AND ABDOMEN11
POSITIONED DOWNWARD EVEN IF THE PERSON'S FACE IS TURNED TO THE12
SIDE OR THE PERSON HAS ONE SHOULDER LIFTED .13
(III) "PRONE RESTRAINT" MEANS A USE OF PHYSICAL FORCE,14
INCLUDING, BUT NOT LIMITED TO, THE USE OF A MECHANICAL RESTRAINT,15
IN WHICH THE PERSON WHO IS BEING RESTRAINED IS IN A PRONE POSITION.16
1372-2- (IV) "RECOVERY POSITION" MEANS A POSITION OTHER THAN A1
PRONE POSITION THAT ALLOWS THE PERSON TO BREATHE NORMALLY .2
(b) ON OR BEFORE JULY 1, 2025, ANY COLORADO LAW3
ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE4
CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102; A5
SHERIFF; AND THE COLORADO STATE PATROL SHALL :6
(I) ADOPT WRITTEN POLICIES AND PROCEDURES CONCERNING USE7
OF THE PRONE POSITION AND PRONE RESTRAINT BY :8
(A) PEACE OFFICERS REQUIRED TO BE CERTIFIED BY THE P.O.S.T.9
BOARD PURSUANT TO SECTION 16-2.5-102 EMPLOYED BY A COLORADO10
LAW ENFORCEMENT AGENCY ;11
(B) SHERIFF'S DEPUTIES, REGARDLESS OF P.O.S.T. CERTIFICATION,12
WHO ARE ENGAGED IN PATROL, ARREST, TAKING SUSPECTS INTO CUSTODY,13
TRANSPORTING DETAINEES, OR WHO HAVE DIRECT CONTACT WITH14
INMATES WITHIN COUNTY OR LOCAL JAILS ; OR15
(C) COLORADO STATE PATROL OFFICERS ; AND16
(II) POST THE ADOPTED POLICIES AND PROCEDURES ON THE17
ENTITY'S PUBLICLY ACCESSIBLE WEBSITE, OR, IF THE ENTITY DOES NOT18
HAVE A PUBLICLY ACCESSIBLE WEBSITE, SHALL MAKE THE POLICY AND19
PROCEDURES PUBLICLY AVAILABLE UPON REQUEST .20
(c) THE POLICIES AND PROCEDURES ADOPTED PURSUANT TO21
SUBSECTION (2.7)(b) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE22
LIMITED TO, THE FOLLOWING:23
(I) WHEN AND HOW TO REQUEST MEDICAL AID FOR USE OF FORCE24
INVOLVING A PRONE RESTRAINT;25
(II) WHEN TO GET MEDICAL CLEARANCE FOR USE OF FORCE26
INVOLVING A PRONE RESTRAINT WHEN THERE ARE INJURIES OR27
1372
-3- COMPLAINTS OF INJURIES;1
(III) HOW AND WHEN APPROPRIATE MEDICAL AID WITHIN THE2
SCOPE OF A PEACE OFFICER'S TRAINING SHOULD BE RENDERED FOR ANY3
USE OF FORCE INVOLVING PRONE RESTRAINT ; AND4
(IV) HOW AND WHEN TO APPROPRIATELY AND SAFELY TRANSITION5
ANY PERSON PLACED IN A PRONE POSITION INTO A RECOVERY POSITION AS6
SOON AS PRACTICABLE.7
(d) EACH ENTITY MUST REVIEW POLICIES AND PROCEDURES8
ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION AT LEAST9
EVERY FIVE YEARS TO ENSURE THE POLICIES AND PROCEDURES ARE10
UPDATED TO INCLUDE CURRENT BEST PRACTICES .11
(e) BEGINNING ON OR BEFORE JULY 1, 2026, EACH ENTITY12
REQUIRED TO ADOPT POLICIES AND PROCEDURES PURSUANT TO13
SUBSECTION (2.7)(b) OF THIS SECTION SHALL IMPLEMENT AND TRAIN ITS14
PEACE OFFICERS ON THE PROVISIONS OF THE POLICIES AND PROCEDURES15
ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION.16
(f) THE P.O.S.T. BOARD, CREATED IN SECTION 24-31-302, SHALL17
MAKE ITS TRAINING ON THE USE OF THE PRONE POSITION AVAILABLE TO18
ALL LAW ENFORCEMENT AGENCIES IN THE STATE .19
SECTION 2. Safety clause. The general assembly finds,20
determines, and declares that this act is necessary for the immediate21
preservation of the public peace, health, or safety or for appropriations for22
the support and maintenance of the departments of the state and state23
institutions.24
1372
-4-