HOUSE 3rd Reading Unamended April 13, 2015 HOUSE Amended 2nd Reading April 10, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0502.01 Michael Dohr x4347 HOUSE BILL 15-1291 HOUSE SPONSORSHIP Melton, Buckner, Esgar, Fields, Salazar SENATE SPONSORSHIP Guzman, House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning prohibiting the use of a chokehold by a peace officer. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits a peace officer from using a chokehold. The bill makes an exception if the officer believes his or her life is in danger. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 18-3-210 as follows: 18-3-210. Chokehold by a peace officer - definitions. (1) A peace officer as described in article 2.5 of title 16, C.R.S., shall not intentionally use or apply a chokehold to another person. (2) It is not an offense under this section if the officer has reasonable grounds to believe, and does believe, that he or she or another person is in imminent danger of death or serious bodily injury. (3) A peace officer who violates subsection (1) of this section commits a class 1 misdemeanor. (4) For the purposes of this section, "chokehold" means to wrap an arm around or grip the neck in a manner that limits or cuts off either the flow of air by compressing the windpipe or the flow of blood through the carotid arteries on each side of the neck. SECTION 2. Effective date - applicability. This act takes effect July, 1, 2015, and applies to offenses committed on or after said date. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.