Chief Sponsor: Sandra Hollins

Senate Sponsors: Evan J. Vickers and Luz Escamilla

6     Cosponsors:
7     Patrice M. Arent
8     Cheryl K. Acton
9     Brady Brammer
10     Joel K. Briscoe
11     Walt Brooks
12     Jennifer Dailey-Provost
13     James A. Dunnigan
14     Craig Hall
15     Stephen G. Handy
16     Suzanne Harrison
17     Timothy D. Hawkes
18     Eric K. Hutchings
19     Dan N. Johnson
Brian S. King
Carol Spackman Moss
Merrill F. Nelson
Lee B. Perry
Stephanie Pitcher
Val K. Potter
Marie H. Poulson
Angela Romero
Mike Schultz
Robert M. Spendlove
Jeffrey D. Stenquist
Andrew Stoddard
Steve Waldrip
Raymond P. Ward
Elizabeth Weight
Brad R. Wilson
Mike Winder
Brad M. Daw
Karen Kwan
Steve Eliason
Marsha Judkins
Melissa G. Ballard
Candice B. Pierucci
Keven J. Stratton
Mark A. Wheatley


22     General Description:
23          This bill prohibits training peace officers in the use of chokeholds or restraints that may
24     cause unconsciousness and prohibits a peace officer's use of such a restraint.
25     Highlighted Provisions:
26          This bill:
27          ▸     prohibits the approval of peace officer training curriculum which contains the use of

28     chokeholds or other restraints that may cause unconsciousness;
29          ▸     prohibits the inclusion of training of peace officers in the use of chokeholds, carotid
30     restraints, or other methods of restraint that may impede breathing or blood
31     circulation and cause unconsciousness;
32          ▸     prohibits a peace officer from employing a "knee on the neck" method of restraint
33     that may impede breathing or blood circulation and cause unconsciousness; and
34          ▸     provides penalties.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
41          53-6-105, as last amended by Laws of Utah 2010, Chapter 313
42          53-6-202, as last amended by Laws of Utah 2010, Chapter 313
43     ENACTS:
44          53-13-115, Utah Code Annotated 1953

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 53-6-105 is amended to read:
48          53-6-105. Duties of director -- Powers -- Rulemaking.
49          (1) The director, with the advice of the council, shall:
50          (a) prescribe standards for the certification of a peace officer training academy, certify
51     an academy that meets the prescribed standards, and prescribe standards for revocation of
52     certification for cause;
53          (b) prescribe minimum qualifications for certification of peace officers appointed or
54     elected to enforce the laws of this state and its subdivisions and prescribe standards for

55     revocation of certification for cause;
56          (c) establish minimum requirements for the certification of training instructors and
57     establish standards for revocation of certification;
58          (d) provide for the issuance of appropriate certificates to those peace officers
59     completing the basic training programs offered by a certified academy or those persons who
60     pass a certification examination as provided for in this chapter;
61          (e) consult and cooperate with certified academy administrators and instructors for the
62     continued development and improvement of the basic training programs provided by the
63     certified academy and for the further development and implementation of advanced in-service
64     training programs;
65          (f) consult and cooperate with state institutions of higher education to develop
66     specialized courses of study for peace officers in the areas of criminal justice, police
67     administration, criminology, social sciences, and other related disciplines;
68          (g) consult and cooperate with other departments, agencies, and local governments
69     concerned with peace officer training;
70          (h) perform any other acts necessary to develop peace officer training programs within
71     the state;
72          (i) report to the council at regular meetings of the council and when the council
73     requires;
74          (j) recommend peace officer standards and training requirements to the commissioner,
75     governor, and the Legislature; and
76          (k) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
77     director shall, with the advice of the council, make rules necessary to administer this chapter.
78          (2) With the permission of the commissioner, the director may execute contracts on
79     behalf of the division with criminal justice agencies to provide training for employees of those
80     agencies if:
81          (a) the employees or the employing agency pay a registration fee equivalent to the cost

82     of the training; and
83          (b) the contract does not reduce the effectiveness of the division in its primary
84     responsibility of providing training for peace officers of the state.
85          (3) The director may:
86          (a) revoke certification of a certified academy for cause; and
87          (b) make training aids and materials available to local law enforcement agencies.
88          (4) The director shall, with the advice of the council, make rules:
89          (a) establishing minimum requirements for the certification of dispatcher training
90     instructors in a certified academy or interagency program and standards for revocation of this
91     certification;
92          (b) establishing approved curriculum and a basic schedule for the basic dispatcher
93     training course and the content of the dispatcher certification examination;
94          (c) providing for the issuance of appropriate certificates to a person who completes the
95     basic dispatcher course or who passes a dispatcher certification examination as provided for in
96     this chapter;
97          (d) establishing approved courses for certified dispatchers' annual training; and
98          (e) establishing a reinstatement procedure for a certified dispatcher who has not
99     obtained the required annual training hours.
100          (5) The director may not, in approving and reviewing curriculum and training aids for
101     academies, approve or recommend any curriculum which includes the use of chokeholds,
102     carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce
103     a loss of consciousness, as a valid method of restraint.
104          Section 2. Section 53-6-202 is amended to read:
105          53-6-202. Basic training course -- Completion required -- Annual training --
106     Prohibition from exercising powers -- Reinstatement.
107          (1) (a) The director shall:
108          (i) (A) suggest and prepare subject material; and

109          (B) schedule instructors for basic training courses; or
110          (ii) review the material and instructor choices submitted by a certified academy.
111          (b) The subject material, instructors, and schedules shall be approved or disapproved
112     by a majority vote of the council.
113          (2) The materials shall be reviewed and approved by the council on or before July 1st
114     of each year and may from time to time be changed or amended by majority vote of the council.
115          (3) The basic training in a certified academy:
116          (a) shall be appropriate for the basic training of peace officers in the techniques of law
117     enforcement in the discretion of the director[.]; and
118          (b) may not include the use of chokeholds, carotid restraints, or any act that impedes
119     the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
120     method of restraint.
121          (4) (a) All peace officers must satisfactorily complete the basic training course or the
122     waiver process provided for in this chapter as well as annual certified training of not less than
123     40 hours as the director, with the advice and consent of the council, directs.
124          (b) A peace officer who fails to satisfactorily complete the annual training shall
125     automatically be prohibited from exercising peace officer powers until any deficiency is made
126     up.
127          Section 3. Section 53-13-115 is enacted to read:
128          53-13-115. Peace officer restraint prohibition.
129          (1) A peace officer may not restrain a person by the application of a knee applying
130     pressure to the neck or throat of a person.
131          (2) A violation of this section shall be referred separately to the county or district
132     attorney for review, and to the Peace Officer Standards and Training Council for investigation.
133          (3) A violation of this section is a third degree felony.
134          (4) If the violation results in:
135          (a) serious bodily injury or loss of consciousness, it is a second degree felony; or

136          (b) death, it is a first degree felony.
137          Section 4. Effective date.
138          If approved by two-thirds of all the members elected to each house, this bill takes effect
139     upon approval by the governor, or the day following the constitutional time limit of Utah
140     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
141     the date of veto override.