NOTE: The governor signed this measure on 6/10/2016.
      
      
      HOUSE BILL 16-1264
      
      
      BY REPRESENTATIVE(S) Melton, Esgar, Salazar, Williams, Becker K.,
      Duran, Fields, Kagan, Lontine, Mitsch Bush, Moreno, Pabon, Rosenthal,
      Hullinghorst, Garnett, Lebsock, McCann;
      also SENATOR(S) Johnston, Aguilar, Carroll, Guzman, Heath, Hodge,
      Jones, Kefalas, Kerr, Martinez Humenik, Merrifield, Newell, Roberts,
      Steadman, Todd, Ulibarri.
      
      
      Concerning prohibiting the use of a chokehold by a peace officer.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 18-1-707, amend (1)
      introductory portion, (3), and (4); and add (2.5) as follows:
      
           18-1-707.  Use of physical force in making an arrest or in
      preventing an escape - definitions. (1)  Except as provided in subsection
      (2) subsections (2) and (2.5) of this section, a peace officer is justified in
      using reasonable and appropriate physical force upon another person when
      and to the extent that he reasonably believes it necessary:
      
           (2.5) (a)  A peace officer is justified in using a chokehold
      upon another person for the purposes specified in subsection (1) of
      this section only when he or she reasonably believes that it is
      necessary:
      
           (I)  To defend himself or herself or a third person from what
      he or she reasonably believes to be the use or imminent use of
      deadly physical force or infliction of bodily injury; or
      
           (II)  To effect an arrest, or to prevent the escape from
      custody, of a person whom he or she reasonably believes:
      
           (A)  Has committed or attempted to commit a felony
      involving or threatening the use of a deadly weapon; or
      
           (B)  Is attempting to escape by the use of physical force; or
      
           (C)  Indicates, except through a motor vehicle, that he or
      she is likely to endanger human life or to inflict serious bodily
      injury to another unless he or she is apprehended without delay.
      
           (b)  For the purposes of this subsection, "chokehold" means
      a method by which a person holds another person by putting his or
      her arm around the other person's neck with sufficient pressure
      to make breathing difficult or impossible and includes, but is not
      limited to, any pressure to the throat or windpipe, which may
      prevent or hinder breathing or reduce intake of air.
      
           (3)  Nothing in subsection (2) (b) or subsection (2.5) of this
      section shall be deemed to constitute justification for reckless or criminally
      negligent conduct by a peace officer amounting to an offense against or
      with respect to innocent persons whom he is not seeking to arrest or retain
      in custody.
      
           (4)  For purposes of this section, a reasonable belief that a person
      has committed an offense means a reasonable belief in facts or
      circumstances which if true would in law constitute an offense. If the
      believed facts or circumstances would not in law constitute an offense, an
      erroneous though not unreasonable belief that the law is otherwise does not
      render justifiable the use of force to make an arrest or to prevent an escape
      from custody. A peace officer who is effecting an arrest pursuant to a
      warrant is justified in using the physical force prescribed in subsections (1),
      and (2), and (2.5) of this section unless the warrant is invalid and is known
      by the officer to be invalid.
      
           SECTION 2.  Effective date - applicability. This act takes effect
      July 1, 2016, 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.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                            Effie Ameen
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO