Representative Sandra Hollins proposes the following substitute bill:




Chief Sponsor: Sandra Hollins

Senate Sponsor: Evan J. Vickers

6     Cosponsors:
7     Cheryl K. Acton
8     Brady Brammer
9     Joel K. Briscoe
10     Walt Brooks
11     Jennifer Dailey-Provost
12     James A. Dunnigan
13     Craig Hall
14     Stephen G. Handy
15     Suzanne Harrison
Timothy D. Hawkes
Eric K. Hutchings
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

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

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

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53-6-105 is amended to read:
44          53-6-105. Duties of director -- Powers -- Rulemaking.
45          (1) The director, with the advice of the council, shall:
46          (a) prescribe standards for the certification of a peace officer training academy, certify
47     an academy that meets the prescribed standards, and prescribe standards for revocation of
48     certification for cause;
49          (b) prescribe minimum qualifications for certification of peace officers appointed or
50     elected to enforce the laws of this state and its subdivisions and prescribe standards for
51     revocation of certification for cause;
52          (c) establish minimum requirements for the certification of training instructors and
53     establish standards for revocation of certification;
54          (d) provide for the issuance of appropriate certificates to those peace officers

55     completing the basic training programs offered by a certified academy or those persons who
56     pass a certification examination as provided for in this chapter;
57          (e) consult and cooperate with certified academy administrators and instructors for the
58     continued development and improvement of the basic training programs provided by the
59     certified academy and for the further development and implementation of advanced in-service
60     training programs;
61          (f) consult and cooperate with state institutions of higher education to develop
62     specialized courses of study for peace officers in the areas of criminal justice, police
63     administration, criminology, social sciences, and other related disciplines;
64          (g) consult and cooperate with other departments, agencies, and local governments
65     concerned with peace officer training;
66          (h) perform any other acts necessary to develop peace officer training programs within
67     the state;
68          (i) report to the council at regular meetings of the council and when the council
69     requires;
70          (j) recommend peace officer standards and training requirements to the commissioner,
71     governor, and the Legislature; and
72          (k) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
73     director shall, with the advice of the council, make rules necessary to administer this chapter.
74          (2) With the permission of the commissioner, the director may execute contracts on
75     behalf of the division with criminal justice agencies to provide training for employees of those
76     agencies if:
77          (a) the employees or the employing agency pay a registration fee equivalent to the cost
78     of the training; and
79          (b) the contract does not reduce the effectiveness of the division in its primary
80     responsibility of providing training for peace officers of the state.
81          (3) The director may:
82          (a) revoke certification of a certified academy for cause; and
83          (b) make training aids and materials available to local law enforcement agencies.
84          (4) The director shall, with the advice of the council, make rules:
85          (a) establishing minimum requirements for the certification of dispatcher training

86     instructors in a certified academy or interagency program and standards for revocation of this
87     certification;
88          (b) establishing approved curriculum and a basic schedule for the basic dispatcher
89     training course and the content of the dispatcher certification examination;
90          (c) providing for the issuance of appropriate certificates to a person who completes the
91     basic dispatcher course or who passes a dispatcher certification examination as provided for in
92     this chapter;
93          (d) establishing approved courses for certified dispatchers' annual training; and
94          (e) establishing a reinstatement procedure for a certified dispatcher who has not
95     obtained the required annual training hours.
96          (5) The director may not, in approving and reviewing curriculum and training aids for
97     academies, approve or recommend any curriculum which includes the use of chokeholds,
98     carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce
99     a loss of consciousness, as a valid method of restraint.
100          Section 2. Section 53-6-202 is amended to read:
101          53-6-202. Basic training course -- Completion required -- Annual training --
102     Prohibition from exercising powers -- Reinstatement.
103          (1) (a) The director shall:
104          (i) (A) suggest and prepare subject material; and
105          (B) schedule instructors for basic training courses; or
106          (ii) review the material and instructor choices submitted by a certified academy.
107          (b) The subject material, instructors, and schedules shall be approved or disapproved
108     by a majority vote of the council.
109          (2) The materials shall be reviewed and approved by the council on or before July 1st
110     of each year and may from time to time be changed or amended by majority vote of the council.
111          (3) The basic training in a certified academy:
112          (a) shall be appropriate for the basic training of peace officers in the techniques of law
113     enforcement in the discretion of the director[.]; and
114          (b) may not include the use of chokeholds, carotid restraints, or any act that impedes
115     the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
116     method of restraint.

117          (4) (a) All peace officers must satisfactorily complete the basic training course or the
118     waiver process provided for in this chapter as well as annual certified training of not less than
119     40 hours as the director, with the advice and consent of the council, directs.
120          (b) A peace officer who fails to satisfactorily complete the annual training shall
121     automatically be prohibited from exercising peace officer powers until any deficiency is made
122     up.
123          Section 3. Section 53-13-115 is enacted to read:
124          53-13-115. Peace officer restraint prohibition.
125          (1) A peace officer may not restrain a person by the application of a knee applying
126     pressure to the neck or throat of a person.
127          (2) A violation of this section shall be referred separately to the county or district
128     attorney for review, and to the Peace Officer Standards and Training Council for investigation.
129          (3) A violation of this section is a third degree felony.
130          (4) If the violation results in:
131          (a) serious bodily injury or loss of consciousness, it is a second degree felony; or
132          (b) death, it is a first degree felony.
133          Section 4. Effective date.
134          If approved by two-thirds of all the members elected to each house, this bill takes effect
135     upon approval by the governor, or the day following the constitutional time limit of Utah
136     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
137     the date of veto override.