Colorado 2024 Regular Session

Colorado House Bill HB1372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-0696.02 Anna Petrini x5497
1	8		HOUSE BILL 24-1372
2		-	BY REPRESENTATIVE(S) Woodrow and Herod, Amabile, Bacon,
3		-	Brown, deGruy Kennedy, English, Garcia, Hernandez, Jodeh, Lindsay,
4		-	Mabrey, Ortiz, Ricks, Rutinel, Vigil, Boesenecker, Duran, Epps, Froelich,
5		-	Kipp, Marvin, Parenti, Sirota, Titone, Valdez, Velasco, Weissman,
6		-	Willford;
7		-	also SENATOR(S) Fields and Gonzales, Buckner, Coleman, Cutter,
8		-	Hinrichsen, Rodriguez, Winter F., Exum, Kolker, Marchman,
9		-	Michaelson Jenet, Priola, Sullivan.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING REGULATING THE USE OF PRONE RESTRAINT BY LAW
12		-	ENFORCEMENT
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. In Colorado Revised Statutes, 18-1-707, add (2.7) as
17		-	follows:
18		-	18-1-707. Use of force by peace officers - definitions. (2.7) (a) A
19		-	S
20		-	USED IN THIS SUBSECTION
21		-	(2.7), UNLESS THE CONTEXT OTHERWISE
22		-	REQUIRES
23		-	:
24		-	(I) "M
25		-	ECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE MOVEMENT
34		-	OR NORMAL FUNCTION OF A PORTION OF A PERSON
35		-	'S BODY.
36		-	(II) "P
37		-	RONE POSITION" MEANS A POSITION IN WHICH A PERSON IS
38		-	LYING ON A SOLID SURFACE WITH THE PERSON
39		-	'S CHEST AND ABDOMEN
40		-	POSITIONED DOWNWARD EVEN IF THE PERSON
41		-	'S FACE IS TURNED TO THE SIDE
42		-	OR THE PERSON HAS ONE SHOULDER LIFTED
43		-	.
44		-	(III) "P
45		-	RONE RESTRAINT" MEANS A USE OF PHYSICAL FORCE ,
46		-	INCLUDING, BUT NOT LIMITED TO, THE USE OF A MECHANICAL RESTRAINT, IN
47		-	WHICH THE PERSON WHO IS BEING RESTRAINED IS IN A PRONE POSITION
48		-	.
49		-	(IV) "R
50		-	ECOVERY POSITION" MEANS A POSITION OTHER THAN A PRONE
51		-	POSITION THAT ALLOWS THE PERSON TO BREATHE NORMALLY
52		-	.
53		-	(b) O
54		-	N OR BEFORE JULY 1, 2025, ANY COLORADO LAW
55		-	ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE
56		-	CERTIFIED BY THE
57		-	P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102; A
58		-	SHERIFF
59		-	; AND THE COLORADO STATE PATROL SHALL :
60		-	(I) A
61		-	DOPT WRITTEN POLICIES AND PROCEDURES CONCERNING USE OF
62		-	THE PRONE POSITION AND PRONE RESTRAINT BY
63		-	:
64		-	(A) P
65		-	EACE OFFICERS REQUIRED TO BE CERTIFIED BY THE P.O.S.T.
66		-	BOARD PURSUANT TO SECTION 16-2.5-102 EMPLOYED BY A COLORADO LAW
67		-	ENFORCEMENT AGENCY
68		-	;
69		-	(B) S
70		-	HERIFF'S DEPUTIES, REGARDLESS OF P.O.S.T. CERTIFICATION,
71		-	WHO ARE ENGAGED IN PATROL , ARREST, TAKING SUSPECTS INTO CUSTODY,
72		-	TRANSPORTING DETAINEES, OR WHO HAVE DIRECT CONTACT WITH INMATES
73		-	WITHIN COUNTY OR LOCAL JAILS
74		-	; OR
75		-	(C) COLORADO STATE PATROL OFFICERS ; AND
76		-	(II) POST THE ADOPTED POLICIES AND PROCEDURES ON THE ENTITY 'S
77		-	PUBLICLY ACCESSIBLE WEBSITE
78		-	, OR, IF THE ENTITY DOES NOT HAVE A
79		-	PUBLICLY ACCESSIBLE WEBSITE
80		-	, SHALL MAKE THE POLICY AND PROCEDURES
81		-	PUBLICLY AVAILABLE UPON REQUEST
82		-	.
83		-	(c) T
84		-	HE POLICIES AND PROCEDURES ADOPTED PURSUANT TO
85		-	PAGE 2-HOUSE BILL 24-1372 SUBSECTION (2.7)(b) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE
86		-	LIMITED TO
87		-	, THE FOLLOWING:
88		-	(I) W
89		-	HEN AND HOW TO REQUEST MEDICAL AID FOR USE OF FORCE
90		-	INVOLVING A PRONE RESTRAINT
91		-	;
92		-	(II) W
93		-	HEN TO GET MEDICAL CLEARANCE FOR USE OF FORCE
94		-	INVOLVING A PRONE RESTRAINT WHEN THERE ARE INJURIES OR COMPLAINTS
95		-	OF INJURIES
96		-	;
97		-	(III) H
98		-	OW AND WHEN APPROPRIATE MEDICAL AID WITHIN THE SCOPE
99		-	OF A PEACE OFFICER
100		-	'S TRAINING SHOULD BE RENDERED FOR ANY USE OF
101		-	FORCE INVOLVING PRONE RESTRAINT
102		-	; AND
103		-	(IV) HOW AND WHEN TO APPROPRIATELY AND SAFELY TRANSITION
104		-	ANY PERSON PLACED IN A PRONE POSITION INTO A RECOVERY POSITION AS
105		-	SOON AS PRACTICABLE
106		-	.
107		-	(d) E
108		-	ACH ENTITY MUST REVIEW POLICIES AND PROCEDURES ADOPTED
109		-	PURSUANT TO SUBSECTION
110		-	(2.7)(b) OF THIS SECTION AT LEAST EVERY FIVE
111		-	YEARS TO ENSURE THE POLICIES AND PROCEDURES ARE UPDATED TO INCLUDE
112		-	CURRENT BEST PRACTICES
113		-	.
114		-	(e) B
115		-	EGINNING ON OR BEFORE JULY 1, 2026, EACH ENTITY REQUIRED
116		-	TO ADOPT POLICIES AND PROCEDURES PURSUANT TO SUBSECTION
117		-	(2.7)(b) OF
118		-	THIS SECTION SHALL IMPLEMENT AND TRAIN ITS PEACE OFFICERS ON THE
119		-	PROVISIONS OF THE POLICIES AND PROCEDURES ADOPTED PURSUANT TO
120		-	SUBSECTION
121		-	(2.7)(b) OF THIS SECTION.
122		-	(f) T
123		-	HE P.O.S.T. BOARD, CREATED IN SECTION 24-31-302, SHALL
124		-	MAKE ITS TRAINING ON THE USE OF THE PRONE POSITION AVAILABLE TO ALL
125		-	LAW ENFORCEMENT AGENCIES IN THE STATE
126		-	.
127		-	SECTION 2. Safety clause. The general assembly finds,
128		-	determines, and declares that this act is necessary for the immediate
129		-	preservation of the public peace, health, or safety or for appropriations for
130		-	PAGE 3-HOUSE BILL 24-1372 the support and maintenance of the departments of the state and state
131		-	institutions.
132		-	____________________________ ____________________________
133		-	Julie McCluskie Steve Fenberg
134		-	SPEAKER OF THE HOUSE PRESIDENT OF
135		-	OF REPRESENTATIVES THE SENATE
136		-	____________________________ ____________________________
137		-	Robin Jones Cindi L. Markwell
138		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
139		-	OF REPRESENTATIVES THE SENATE
140		-	APPROVED________________________________________
141		-	(Date and Time)
142		-	_________________________________________
143		-	Jared S. Polis
144		-	GOVERNOR OF THE STATE OF COLORADO
145		-	PAGE 4-HOUSE BILL 24-1372
	14	+	ONCERNING REGULATING THE USE OF PRONE RESTRAINT BY LAW101
	15	+	ENFORCEMENT.102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill prohibits peace officers from using prone restraint to
	24	+	subdue a subject, except in cases in which the use of deadly physical
	25	+	force is justified. The bill requires officers who use prone restraint to
	26	+	immediately reposition a person to facilitate breathing once the person is
	27	+	in handcuffs or the person's hands are tied. The bill applies a similar
	28	+	prone restraint prohibition and recovery position requirement to guards
	29	+	SENATE
	30	+	2nd Reading Unamended
	31	+	May 1, 2024
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	April 20, 2024
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	April 19, 2024
	38	+	HOUSE SPONSORSHIP
	39	+	Woodrow and Herod, Amabile, Bacon, Brown, deGruy Kennedy, English, Garcia,
	40	+	Hernandez, Jodeh, Lindsay, Mabrey, Ortiz, Ricks, Rutinel, Vigil, Boesenecker, Duran, Epps,
	41	+	Froelich, Kipp, Marvin, Parenti, Sirota, Titone, Valdez, Velasco, Weissman, Willford
	42	+	SENATE SPONSORSHIP
	43	+	Fields and Gonzales, Buckner, Coleman, Cutter, Hinrichsen, Rodriguez, Winter F.
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. and peace officers employed in detention facilities.
	47	+	The bill requires the development of a model state policy on the
	48	+	risk of positional asphyxia and law enforcement use of prone restraint
	49	+	when making arrests or preventing escapes. The bill lists elements of the
	50	+	model policy and directs state and local law enforcement agencies,
	51	+	including those that supervise detention facilities, to adopt their own
	52	+	written policies and training requirements based on those elements. Law
	53	+	enforcement agencies that have not adopted their own policies on or
	54	+	before July 1, 2026, must comply with the state's model policy. The bill
	55	+	requires reporting of policy violations.
	56	+	The bill creates a private right of action against a law enforcement
	57	+	agency that fails to adopt prone restraint policies, train officers to adhere
	58	+	to those policies, or report policy violations. The bill also creates a private
	59	+	right of action against individual peace officers and guards employed in
	60	+	detention facilities who violate policies on which they've been trained,
	61	+	and authorizes the peace officers standards and training board to impose
	62	+	related disciplinary measures on peace officers.
	63	+	Be it enacted by the General Assembly of the State of Colorado:1
	64	+	SECTION 1. In Colorado Revised Statutes, 18-1-707, add (2.7)2
	65	+	as follows:3
	66	+	18-1-707. Use of force by peace officers - definitions.4
	67	+	(2.7) (a) AS USED IN THIS SUBSECTION (2.7), UNLESS THE CONTEXT5
	68	+	OTHERWISE REQUIRES:6
	69	+	(I) "MECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO7
	70	+	INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE8
	71	+	MOVEMENT OR NORMAL FUNCTION OF A PORTION OF A PERSON 'S BODY.9
	72	+	(II) "PRONE POSITION" MEANS A POSITION IN WHICH A PERSON IS10
	73	+	LYING ON A SOLID SURFACE WITH THE PERSON'S CHEST AND ABDOMEN11
	74	+	POSITIONED DOWNWARD EVEN IF THE PERSON'S FACE IS TURNED TO THE12
	75	+	SIDE OR THE PERSON HAS ONE SHOULDER LIFTED .13
	76	+	(III) "PRONE RESTRAINT" MEANS A USE OF PHYSICAL FORCE,14
	77	+	INCLUDING, BUT NOT LIMITED TO, THE USE OF A MECHANICAL RESTRAINT,15
	78	+	IN WHICH THE PERSON WHO IS BEING RESTRAINED IS IN A PRONE POSITION.16
	79	+	1372-2- (IV) "RECOVERY POSITION" MEANS A POSITION OTHER THAN A1
	80	+	PRONE POSITION THAT ALLOWS THE PERSON TO BREATHE NORMALLY .2
	81	+	(b) ON OR BEFORE JULY 1, 2025, ANY COLORADO LAW3
	82	+	ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE4
	83	+	CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102; A5
	84	+	SHERIFF; AND THE COLORADO STATE PATROL SHALL :6
	85	+	(I) ADOPT WRITTEN POLICIES AND PROCEDURES CONCERNING USE7
	86	+	OF THE PRONE POSITION AND PRONE RESTRAINT BY :8
	87	+	(A) PEACE OFFICERS REQUIRED TO BE CERTIFIED BY THE P.O.S.T.9
	88	+	BOARD PURSUANT TO SECTION 16-2.5-102 EMPLOYED BY A COLORADO10
	89	+	LAW ENFORCEMENT AGENCY ;11
	90	+	(B) SHERIFF'S DEPUTIES, REGARDLESS OF P.O.S.T. CERTIFICATION,12
	91	+	WHO ARE ENGAGED IN PATROL, ARREST, TAKING SUSPECTS INTO CUSTODY,13
	92	+	TRANSPORTING DETAINEES, OR WHO HAVE DIRECT CONTACT WITH14
	93	+	INMATES WITHIN COUNTY OR LOCAL JAILS ; OR15
	94	+	(C) COLORADO STATE PATROL OFFICERS ; AND16
	95	+	(II) POST THE ADOPTED POLICIES AND PROCEDURES ON THE17
	96	+	ENTITY'S PUBLICLY ACCESSIBLE WEBSITE, OR, IF THE ENTITY DOES NOT18
	97	+	HAVE A PUBLICLY ACCESSIBLE WEBSITE, SHALL MAKE THE POLICY AND19
	98	+	PROCEDURES PUBLICLY AVAILABLE UPON REQUEST .20
	99	+	(c) THE POLICIES AND PROCEDURES ADOPTED PURSUANT TO21
	100	+	SUBSECTION (2.7)(b) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE22
	101	+	LIMITED TO, THE FOLLOWING:23
	102	+	(I) WHEN AND HOW TO REQUEST MEDICAL AID FOR USE OF FORCE24
	103	+	INVOLVING A PRONE RESTRAINT;25
	104	+	(II) WHEN TO GET MEDICAL CLEARANCE FOR USE OF FORCE26
	105	+	INVOLVING A PRONE RESTRAINT WHEN THERE ARE INJURIES OR27
	106	+	1372
	107	+	-3- COMPLAINTS OF INJURIES;1
	108	+	(III) HOW AND WHEN APPROPRIATE MEDICAL AID WITHIN THE2
	109	+	SCOPE OF A PEACE OFFICER'S TRAINING SHOULD BE RENDERED FOR ANY3
	110	+	USE OF FORCE INVOLVING PRONE RESTRAINT ; AND4
	111	+	(IV) HOW AND WHEN TO APPROPRIATELY AND SAFELY TRANSITION5
	112	+	ANY PERSON PLACED IN A PRONE POSITION INTO A RECOVERY POSITION AS6
	113	+	SOON AS PRACTICABLE.7
	114	+	(d) EACH ENTITY MUST REVIEW POLICIES AND PROCEDURES8
	115	+	ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION AT LEAST9
	116	+	EVERY FIVE YEARS TO ENSURE THE POLICIES AND PROCEDURES ARE10
	117	+	UPDATED TO INCLUDE CURRENT BEST PRACTICES .11
	118	+	(e) BEGINNING ON OR BEFORE JULY 1, 2026, EACH ENTITY12
	119	+	REQUIRED TO ADOPT POLICIES AND PROCEDURES PURSUANT TO13
	120	+	SUBSECTION (2.7)(b) OF THIS SECTION SHALL IMPLEMENT AND TRAIN ITS14
	121	+	PEACE OFFICERS ON THE PROVISIONS OF THE POLICIES AND PROCEDURES15
	122	+	ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION.16
	123	+	(f) THE P.O.S.T. BOARD, CREATED IN SECTION 24-31-302, SHALL17
	124	+	MAKE ITS TRAINING ON THE USE OF THE PRONE POSITION AVAILABLE TO18
	125	+	ALL LAW ENFORCEMENT AGENCIES IN THE STATE .19
	126	+	SECTION 2. Safety clause. The general assembly finds,20
	127	+	determines, and declares that this act is necessary for the immediate21
	128	+	preservation of the public peace, health, or safety or for appropriations for22
	129	+	the support and maintenance of the departments of the state and state23
	130	+	institutions.24
	131	+	1372
	132	+	-4-