HOUSE BILL 24-1372
BY REPRESENTATIVE(S) Woodrow and Herod, Amabile, Bacon,
Brown, deGruy Kennedy, English, Garcia, Hernandez, Jodeh, Lindsay,
Mabrey, Ortiz, Ricks, Rutinel, Vigil, Boesenecker, Duran, Epps, Froelich,
Kipp, Marvin, Parenti, Sirota, Titone, Valdez, Velasco, Weissman,
Willford;
also SENATOR(S) Fields and Gonzales, Buckner, Coleman, Cutter,
Hinrichsen, Rodriguez, Winter F., Exum, Kolker, Marchman,
Michaelson Jenet, Priola, Sullivan.
C
ONCERNING REGULATING THE USE OF PRONE RESTRAINT BY LAW
ENFORCEMENT
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 18-1-707, add (2.7) as
follows:
18-1-707. Use of force by peace officers - definitions. (2.7) (a) A
S
USED IN THIS SUBSECTION
(2.7), UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(I) "M
ECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE MOVEMENT
OR NORMAL FUNCTION OF A PORTION OF A PERSON
'S BODY.
(II) "P
RONE POSITION" MEANS A POSITION IN WHICH A PERSON IS
LYING ON A SOLID SURFACE WITH THE PERSON
'S CHEST AND ABDOMEN
POSITIONED DOWNWARD EVEN IF THE PERSON
'S FACE IS TURNED TO THE SIDE
OR THE PERSON HAS ONE SHOULDER LIFTED
.
(III) "P
RONE RESTRAINT" MEANS A USE OF PHYSICAL FORCE ,
INCLUDING, BUT NOT LIMITED TO, THE USE OF A MECHANICAL RESTRAINT, IN
WHICH THE PERSON WHO IS BEING RESTRAINED IS IN A PRONE POSITION
.
(IV) "R
ECOVERY POSITION" MEANS A POSITION OTHER THAN A PRONE
POSITION THAT ALLOWS THE PERSON TO BREATHE NORMALLY
.
(b) O
N OR BEFORE JULY 1, 2025, ANY COLORADO LAW
ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE
CERTIFIED BY THE
P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102; A
SHERIFF
; AND THE COLORADO STATE PATROL SHALL :
(I) A
DOPT WRITTEN POLICIES AND PROCEDURES CONCERNING USE OF
THE PRONE POSITION AND PRONE RESTRAINT BY
:
(A) P
EACE OFFICERS REQUIRED TO BE CERTIFIED BY THE P.O.S.T.
BOARD PURSUANT TO SECTION 16-2.5-102 EMPLOYED BY A COLORADO LAW
ENFORCEMENT AGENCY
;
(B) S
HERIFF'S DEPUTIES, REGARDLESS OF P.O.S.T. CERTIFICATION,
WHO ARE ENGAGED IN PATROL , ARREST, TAKING SUSPECTS INTO CUSTODY,
TRANSPORTING DETAINEES, OR WHO HAVE DIRECT CONTACT WITH INMATES
WITHIN COUNTY OR LOCAL JAILS
; OR
(C) COLORADO STATE PATROL OFFICERS ; AND
(II) POST THE ADOPTED POLICIES AND PROCEDURES ON THE ENTITY 'S
PUBLICLY ACCESSIBLE WEBSITE
, OR, IF THE ENTITY DOES NOT HAVE A
PUBLICLY ACCESSIBLE WEBSITE
, SHALL MAKE THE POLICY AND PROCEDURES
PUBLICLY AVAILABLE UPON REQUEST
.
(c) T
HE POLICIES AND PROCEDURES ADOPTED PURSUANT TO
PAGE 2-HOUSE BILL 24-1372 SUBSECTION (2.7)(b) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE
LIMITED TO
, THE FOLLOWING:
(I) W
HEN AND HOW TO REQUEST MEDICAL AID FOR USE OF FORCE
INVOLVING A PRONE RESTRAINT
;
(II) W
HEN TO GET MEDICAL CLEARANCE FOR USE OF FORCE
INVOLVING A PRONE RESTRAINT WHEN THERE ARE INJURIES OR COMPLAINTS
OF INJURIES
;
(III) H
OW AND WHEN APPROPRIATE MEDICAL AID WITHIN THE SCOPE
OF A PEACE OFFICER
'S TRAINING SHOULD BE RENDERED FOR ANY USE OF
FORCE INVOLVING PRONE RESTRAINT
; AND
(IV) HOW AND WHEN TO APPROPRIATELY AND SAFELY TRANSITION
ANY PERSON PLACED IN A PRONE POSITION INTO A RECOVERY POSITION AS
SOON AS PRACTICABLE
.
(d) E
ACH ENTITY MUST REVIEW POLICIES AND PROCEDURES ADOPTED
PURSUANT TO SUBSECTION
(2.7)(b) OF THIS SECTION AT LEAST EVERY FIVE
YEARS TO ENSURE THE POLICIES AND PROCEDURES ARE UPDATED TO INCLUDE
CURRENT BEST PRACTICES
.
(e) B
EGINNING ON OR BEFORE JULY 1, 2026, EACH ENTITY REQUIRED
TO ADOPT POLICIES AND PROCEDURES PURSUANT TO SUBSECTION
(2.7)(b) OF
THIS SECTION SHALL IMPLEMENT AND TRAIN ITS PEACE OFFICERS ON THE
PROVISIONS OF THE POLICIES AND PROCEDURES ADOPTED PURSUANT TO
SUBSECTION
(2.7)(b) OF THIS SECTION.
(f) T
HE P.O.S.T. BOARD, CREATED IN SECTION 24-31-302, SHALL
MAKE ITS TRAINING ON THE USE OF THE PRONE POSITION AVAILABLE TO ALL
LAW ENFORCEMENT AGENCIES IN THE STATE
.
SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 3-HOUSE BILL 24-1372 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-HOUSE BILL 24-1372