New Jersey Assembly Bill A1371

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Establishes that law enforcement officer who chokes another utilizes deadly force.

Impact

Should A1371 become law, it would significantly impact existing statutes governing the use of force by law enforcement. Currently, the justification for using deadly force is strictly limited to scenarios involving imminent threats to life or prevention of violent crimes. The passage of this bill would disallow the justification of using choke-holds unless an officer is faced with clear and immediate danger, thereby potentially decreasing the incidents of such force being employed in non-life-threatening situations. This reform is a response to increasing calls for police accountability and the reduction of excessive force in public safety practices.

Summary

Assembly Bill A1371 proposes an amendment to New Jersey's statutes regarding the definition and use of deadly force by law enforcement officers. The bill specifically establishes that any law enforcement officer who uses a choke-hold on an individual will be considered to have used deadly force. The bill redefines 'deadly force' to include instances where pressure is applied to an individual's throat, windpipe, or carotid artery, restricting their ability to breathe or affecting blood flow. This shift in definition aims to enhance accountability and delineate clearer boundaries regarding the acceptable use of force by police officers.

Contention

The legislative discussion surrounding A1371 is likely to involve significant contention, especially around issues of police discretion and systemic reforms. Advocates for the bill argue that it is a necessary measure to reduce violence and prevent tragic incidents involving law enforcement. However, opponents of the bill may contend that such restrictions could hinder officers' ability to protect themselves and the public in high-stress scenarios. The debate may center on finding a balance between ensuring public safety and safeguarding individual rights against police overreach.