Amendments for HB24-1372
House Journal, April 2
31 HB24-1372 be amended as follows, and as so amended, be referred to
32 the Committee on Appropriations with favorable
33 recommendation:
34
35 Amend printed bill, strike everything below the enacting clause and
36 substitute:
37
38 "SECTION 1. In Colorado Revised Statutes, 18-1-707, add (2.7)
39 as follows:
40 18-1-707. Use of force by peace officers - definitions.
41 (2.7) (a) AS USED IN THIS SUBSECTION (2.7), UNLESS THE CONTEXT
42 OTHERWISE REQUIRES:
43 (I) "MECHANICAL RESTRAINT" MEANS A PHYSICAL DEVICE USED TO
44 INVOLUNTARILY RESTRICT THE MOVEMENT OF A PERSON OR THE
45 MOVEMENT OR NORMAL FUNCTION OF A PORTION OF A PERSON'S BODY.
46 (II) "PRONE POSITION" MEANS A POSITION IN WHICH A PERSON IS
47 LYING ON A SOLID SURFACE WITH THE PERSON'S CHEST AND ABDOMEN
48 POSITIONED DOWNWARD EVEN IF THE PERSON'S FACE IS TURNED TO THE
49 SIDE OR THE PERSON HAS ONE SHOULDER LIFTED.
50 (III) "PRONE RESTRAINT" MEANS A USE OF PHYSICAL FORCE,
51 INCLUDING, BUT NOT LIMITED TO, THE USE OF A MECHANICAL RESTRAINT,
52 IN WHICH THE PERSON WHO IS BEING RESTRAINED IS IN A PRONE POSITION.
53 (IV) "RECOVERY POSITION" MEANS A POSITION OTHER THAN A
54 PRONE POSITION THAT ALLOWS THE PERSON TO BREATHE NORMALLY.
55
1 (b) ON OR BEFORE JULY 1, 2025, ANY COLORADO LAW
2 ENFORCEMENT AGENCY THAT EMPLOYS A PEACE OFFICER REQUIRED TO BE
3 CERTIFIED BY THE P.O.S.T. BOARD PURSUANT TO SECTION 16-2.5-102; A
4 SHERIFF; AND THE COLORADO STATE PATROL SHALL:
5 (I) ADOPT WRITTEN POLICIES AND PROCEDURES CONCERNING USE
6 OF THE PRONE POSITION AND PRONE RESTRAINT BY:
7 (A) PEACE OFFICERS REQUIRED TO BE CERTIFIED BY THE P.O.S.T.
8 BOARD PURSUANT TO SECTION 16-2.5-102 EMPLOYED BY A COLORADO
9 LAW ENFORCEMENT AGENCY;
10 (B) SHERIFF'S DEPUTIES, REGARDLESS OF P.O.S.T. CERTIFICATION,
11 WHO ARE ENGAGED IN PATROL, ARREST, TAKING SUSPECTS INTO CUSTODY,
12 TRANSPORTING DETAINEES, OR WHO HAVE DIRECT CONTACT WITH
13 INMATES WITHIN COUNTY OR LOCAL JAILS; OR
14 (C) COLORADO STATE PATROL OFFICERS; AND
15 (II) POST THE ADOPTED POLICIES AND PROCEDURES ON THE
16 ENTITY'S WEBSITE, OR, IF THE ENTITY DOES NOT HAVE A WEBSITE, SHALL
17 MAKE THE POLICY AND PROCEDURES PUBLICLY AVAILABLE UPON REQUEST.
18 (c) THE POLICIES AND PROCEDURES ADOPTED PURSUANT TO
19 SUBSECTION (2.7)(b) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE
20 LIMITED TO, THE FOLLOWING:
21 (I) WHEN AND HOW TO REQUEST MEDICAL AID FOR USE OF FORCE
22 INVOLVING A PRONE RESTRAINT;
23 (II) WHEN TO GET MEDICAL CLEARANCE FOR USE OF FORCE
24 INVOLVING A PRONE RESTRAINT WHEN THERE ARE INJURIES OR
25 COMPLAINTS OF INJURIES;
26 (III) HOW AND WHEN APPROPRIATE MEDICAL AID WITHIN THE
27 SCOPE OF A PEACE OFFICER'S TRAINING SHOULD BE RENDERED FOR ANY
28 USE OF FORCE INVOLVING PRONE RESTRAINT; AND
29 (IV) HOW AND WHEN TO APPROPRIATELY AND SAFELY TRANSITION
30 ANY PERSON PLACED IN A PRONE POSITION INTO A RECOVERY POSITION AS
31 SOON AS PRACTICABLE.
32 (d) EACH ENTITY MUST REVIEW POLICIES AND PROCEDURES
33 ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION AT LEAST
34 EVERY FIVE YEARS TO ENSURE THE POLICIES AND PROCEDURES ARE
35 UPDATED TO INCLUDE CURRENT BEST PRACTICES.
36 (e) BEGINNING ON OR BEFORE JULY 1, 2026, EACH ENTITY
37 REQUIRED TO ADOPT POLICIES AND PROCEDURES PURSUANT TO
38 SUBSECTION (2.7)(b) OF THIS SECTION SHALL IMPLEMENT AND TRAIN ITS
39 PEACE OFFICERS ON THE PROVISIONS OF THE POLICIES AND PROCEDURES
40 ADOPTED PURSUANT TO SUBSECTION (2.7)(b) OF THIS SECTION.
41 (f) THE P.O.S.T. BOARD, CREATED IN SECTION 24-31-302, SHALL
42 MAKE ITS TRAINING ON THE USE OF THE PRONE POSITION AVAILABLE TO
43 ALL LAW ENFORCEMENT AGENCIES IN THE STATE.
44 SECTION 2. Safety clause. The general assembly finds,
45 determines, and declares that this act is necessary for the immediate
46 preservation of the public peace, health, or safety or for appropriations for
47 the support and maintenance of the departments of the state and state
48 institutions.".
House Journal, April 19
9 Amendment No. 1, Judiciary Report, dated April 2, 2024, and placed in
10 member's bill file; Report also printed in House Journal, April 3, 2024.
11
12 Amendment No. 2, by Representative Woodrow:
13
14 Amend the Judiciary Committee Report, dated April 2, 2024, page 2,
15 strike line 8 and substitute "ENTITY'S PUBLICLY ACCESSIBLE WEBSITE, OR,
16 IF THE ENTITY DOES NOT HAVE A PUBLICLY ACCESSIBLE WEBSITE, SHALL".
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20