HCS/SCS/SBs 661, 726 & 741 - Current law provides that the use of physical force when making an arrest is not justified unless the arrest is lawful or the officer reasonably believes the arrest is lawful. This act adds a provision stating that the use of force when making an arrest is also not justified unless the amount of force used was objectively reasonable in light of the totality of the facts and circumstances confronting the officer, regardless of the officer's intent or motivation. Under current law, a law enforcement officer may use deadly force when he or she reasonably believes the force is immediately necessary to effect an arrest and reasonably believes the suspect has committed or attempted to commit a felony, is attempting to escape by use of a deadly weapon, or may otherwise endanger life or seriously injure another person.
This act allows a law enforcement officer to use deadly force when effecting an arrest or preventing an escape from custody if the officer reasonably believes the force is immediately necessary to make the arrest or prevent the escape and reasonably believes the person has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury, is attempting to escape by use of a deadly weapon, or may otherwise pose a threat of serious physical injury to the officer or others unless arrested without delay.
This act contains an emergency clause.
This provision is identical to SB 741 (2016), a provision of HCS/SS/SCS/SB 663 (2016), and the perfected version of SS/SCS/SBs 199, 417, & 42 (2015), and is similar to HB 1502 (2016), HB 1535 (2016), a provision of the truly agreed to and finally passed SS#2/SCS/HCS/HB 2332 (2016), and SB 763 (2016).
MEGHAN LUECKE