Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5007 First Substitute (2020S5)

Sponsor

Rep. Hollins, S.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• prohibits the approval of peace officer training curriculum which contains the use of chokeholds or other restraints that may cause unconsciousness;
• prohibits the inclusion of training of peace officers in the use of chokeholds, carotid restraints, or other methods of restraint that may impede breathing or blood circulation and cause unconsciousness;
• prohibits a peace officer from employing a "knee on the neck" method of restraint that may impede breathing or blood circulation and cause unconsciousness; and
• provides penalties.

Every vote on this bill

Bill text

PEACE OFFICER AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Sandra Hollins
Senate Sponsors: 
Evan J. Vickers and Luz Escamilla
Cosponsors:
Patrice M. Arent
Cheryl K. Acton
Brady Brammer
Joel K. Briscoe
Walt Brooks
Jennifer Dailey-Provost
James A. Dunnigan
Craig Hall
Stephen G. Handy
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
Brad M. Daw
Karen Kwan
Steve Eliason
Marsha Judkins
Melissa G. Ballard
Candice B. Pierucci
Keven J. Stratton
Mark A. Wheatley
LONG TITLE
General Description:
This bill prohibits training peace officers in the use of chokeholds or restraints that may
cause unconsciousness and prohibits a peace officer's use of such a restraint.
Highlighted Provisions:
This bill:
▸ prohibits the approval of peace officer training curriculum which contains the use of
chokeholds or other restraints that may cause unconsciousness;
▸ prohibits the inclusion of training of peace officers in the use of chokeholds, carotid
restraints, or other methods of restraint that may impede breathing or blood
circulation and cause unconsciousness;
▸ prohibits a peace officer from employing a "knee on the neck" method of restraint
that may impede breathing or blood circulation and cause unconsciousness; and
▸ provides penalties.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-6-105
, as last amended by Laws of Utah 2010, Chapter 313
53-6-202
, as last amended by Laws of Utah 2010, Chapter 313
ENACTS:
53-13-115
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-6-105
 is amended to read:
53-6-105.
Duties of director -- Powers -- Rulemaking.
(1) The director, with the advice of the council, shall:
(a) prescribe standards for the certification of a peace officer training academy, certify
an academy that meets the prescribed standards, and prescribe standards for revocation of
certification for cause;
(b) prescribe minimum qualifications for certification of peace officers appointed or
elected to enforce the laws of this state and its subdivisions and prescribe standards for
revocation of certification for cause;
(c) establish minimum requirements for the certification of training instructors and
establish standards for revocation of certification;
(d) provide for the issuance of appropriate certificates to those peace officers
completing the basic training programs offered by a certified academy or those persons who
pass a certification examination as provided for in this chapter;
(e) consult and cooperate with certified academy administrators and instructors for the
continued development and improvement of the basic training programs provided by the
certified academy and for the further development and implementation of advanced in-service
training programs;
(f) consult and cooperate with state institutions of higher education to develop
specialized courses of study for peace officers in the areas of criminal justice, police
administration, criminology, social sciences, and other related disciplines;
(g) consult and cooperate with other departments, agencies, and local governments
concerned with peace officer training;
(h) perform any other acts necessary to develop peace officer training programs within
the state;
(i) report to the council at regular meetings of the council and when the council
requires;
(j) recommend peace officer standards and training requirements to the commissioner,
governor, and the Legislature; and
(k) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
director shall, with the advice of the council, make rules necessary to administer this chapter.
(2) With the permission of the commissioner, the director may execute contracts on
behalf of the division with criminal justice agencies to provide training for employees of those
agencies if:
(a) the employees or the employing agency pay a registration fee equivalent to the cost
of the training; and
(b) the contract does not reduce the effectiveness of the division in its primary
responsibility of providing training for peace officers of the state.
(3) The director may:
(a) revoke certification of a certified academy for cause; and
(b) make training aids and materials available to local law enforcement agencies.
(4) The director shall, with the advice of the council, make rules:
(a) establishing minimum requirements for the certification of dispatcher training
instructors in a certified academy or interagency program and standards for revocation of this
certification;
(b) establishing approved curriculum and a basic schedule for the basic dispatcher
training course and the content of the dispatcher certification examination;
(c) providing for the issuance of appropriate certificates to a person who completes the
basic dispatcher course or who passes a dispatcher certification examination as provided for in
this chapter;
(d) establishing approved courses for certified dispatchers' annual training; and
(e) establishing a reinstatement procedure for a certified dispatcher who has not
obtained the required annual training hours.
(5) The director may not, in approving and reviewing curriculum and training aids for
academies, approve or recommend any curriculum which includes the use of chokeholds,
carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce
a loss of consciousness, as a valid method of restraint.
Section 2. Section 
53-6-202
 is amended to read:
53-6-202.
Basic training course -- Completion required -- Annual training --
Prohibition from exercising powers -- Reinstatement.
(1) (a) The director shall:
(i) (A) suggest and prepare subject material; and
(B) schedule instructors for basic training courses; or
(ii) review the material and instructor choices submitted by a certified academy.
(b) The subject material, instructors, and schedules shall be approved or disapproved
by a majority vote of the council.
(2) The materials shall be reviewed and approved by the council on or before July 1st
of each year and may from time to time be changed or amended by majority vote of the council.
(3) The basic training in a certified academy
:
 (a)
 shall be appropriate for the basic training of peace officers in the techniques of law
enforcement in the discretion of the director[
.
]
; and
(b) may not include the use of chokeholds, carotid restraints, or any act that impedes
the breathing or circulation of blood likely to produce a loss of consciousness, as a valid
method of restraint.
(4) (a) All peace officers must satisfactorily complete the basic training course or the
waiver process provided for in this chapter as well as annual certified training of not less than
40 hours as the director, with the advice and consent of the council, directs.
(b) A peace officer who fails to satisfactorily complete the annual training shall
automatically be prohibited from exercising peace officer powers until any deficiency is made
up.
Section 3. Section 
53-13-115
 is enacted to read:
 53-13-115.
Peace officer restraint prohibition.
(1) A peace officer may not restrain a person by the application of a knee applying
pressure to the neck or throat of a person.
(2) A violation of this section shall be referred separately to the county or district
attorney for review, and to the Peace Officer Standards and Training Council for investigation.
(3) A violation of this section is a third degree felony.
(4) If the violation results in:
(a) serious bodily injury or loss of consciousness, it is a second degree felony; or
(b) death, it is a first degree felony.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.