SB 419 - This act relates to the use of force by law enforcement officers. ARREST BY LAW ENFORCEMENT OFFICERS (Section 544.190)
Under current law, if a person flees or forcibly resists, an officer may use all necessary means to effect an arrest. This act provides that an officer shall not use deadly force to effect an arrest unless a person is displaying aggravated aggressive resistance and the officer has an objectively reasonable belief that the person poses an imminent threat to the officer or others or to prevent the escape of a person suspected of a violent felony offense if the officer has probable cause to believe the suspect poses a threat to the officer or others. Additionally, the officer must first use less intrusive methods to detain a person unless the officer reasonably determines such methods would be ineffective.
This act provides that prior to using force to effect an arrest, an officer must identify themselves and give a person the opportunity to submit to arrest before force is used. Additionally, an officer shall not use force against a person already restrained or when used to punish or as a retaliatory force.
These provisions are identical to provisions in SB 60 (2021) and SB 16 (First Extraordinary Session 2020).
IMMUNITY FROM LIABILITY (Section 562.059)
This act provides that no law enforcement officer shall be immune from civil or criminal liability while on active duty or under the color of law that involves an act of excessive use of physical or deadly force to effect an arrest.
USE OF PHYSICAL AND DEADLY FORCE BY LAW ENFORCEMENT OFFICERS (Section 563.046)
Under current law, a law enforcement officer need not retreat or desist from efforts to effect an arrest if he or she reasonably believes such person has committed an offense. An officer may use any physical force in making a lawful arrest and the amount of physical force used must be objectively reasonable in light of the totality of the particular facts and circumstances confronting the officer on the scene, without regard to the officer's underlying intent or motivation.
This act provides that the use of a choke-hold in making an arrest is not justified physical force.
Under current law, a law enforcement officer is justified in using deadly force if such deadly force was justified under the law or if the officer reasonably believes that such use of deadly force is immediately necessary to effect the arrest of a person or prevent an escape from custody and reasonably believes such person:• Has committed a felony offense involving serious physical injury;
• Is attempting to escape by use of a deadly weapon; or
• Otherwise is endangering the life of the officer or others unless arrested without delay.
This act modifies this provision to provide that a law enforcement officer is only justified in using deadly force if the law enforcement officer reasonably believes, based on the totality of the circumstances, that it is necessary to protect the law enforcement officer or another from imminent death or great bodily harm or to effect the arrest of a person whom the law enforcement officer knows or has reasonable grounds to believe has committed or attempted to commit a felony offense involving the infliction or threatened infliction of serious physical injury and the officer reasonably believes that the person will cause death or great bodily harm to another person unless immediately apprehended.
Additionally, a law enforcement officer shall not use deadly force against a person based on the danger the person poses to the law enforcement officer if an objectively reasonable law enforcement officer would believe the person does not pose an imminent threat of death or great bodily harm to the law enforcement officer or to another person.
This act also provides that a law enforcement officer shall have the duty to intervene at any scene where physical force is being applied in which such force is inappropriately applied or is no longer required. A law enforcement officer who purposefully allows another officer to use inappropriate force shall be guilty of a class E felony.
Finally, any law enforcement officer charged with a violation of this act shall be prohibited from being hired or employed by any law enforcement agency in the state.
These provisions are substantially similar to provisions in SB 60 (2021) and SB 16 (First Extraordinary Session 2020).
MARY GRACE BRUNTRAGER