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GA HB1613
Bill
Status
Introduced
3/30/2022
Primary Sponsor
Renitta Shannon
Click for details
AI Summary
- Prohibits sheriffs, deputy sheriffs, and peace officers from using any maneuver that restricts blood or oxygen flow to the brain, including choke holds, strangleholds, neck restraints, neck holds, and carotid artery restraints
- Requires all law enforcement agencies by January 1, 2023, to adopt written policies prohibiting choke holds and prohibiting deadly force unless all alternatives—including nonforce and nondeadly force—have been exhausted; noncompliant agencies face withholding of state and state-administered federal funding
- Mandates law enforcement agencies collect and report use-of-force incident data (deaths, serious bodily injuries, and firearm discharges) to the Georgia Bureau of Investigation at least annually beginning January 1, 2023, with the GBI publishing annual reports starting January 31, 2024, and trend/disparity analyses every five years starting January 31, 2026
- Removes the state tort claims exception that shielded the state from liability for assault, battery, false imprisonment, false arrest, malicious prosecution, and related torts committed by state officers
- Creates a state civil cause of action against law enforcement officers who deprive individuals of constitutional rights—including by failing to intervene when witnessing another officer's misconduct—and eliminates qualified immunity and sovereign immunity as defenses, with aggrieved parties eligible for legal, equitable, and attorney's fee relief
Legislative Description
Criminal procedure; arrest of persons; prohibit use of maneuvers that restrict blood or oxygen flow to the brain of a person
Last Action
House Second Readers
4/4/2022
Committee Referrals
Public Safety and Homeland Security4/1/2022
Full Bill Text
No bill text available