H.B. 428 Summary

• Requires law enforcement officers to report observed criminal misconduct by other officers to their department head in writing immediately or as soon as practicable, with department heads having 15 days to investigate and notify the police commission.

• Makes failure to report criminal misconduct or committing criminal misconduct (assault, sexual assault, bribery, coercion, fraud, theft, evidence tampering, witness tampering, chokehold use, or excessive force) grounds for denial, suspension, or revocation of law enforcement officer certification.

• Mandates that all prospective law enforcement officers pass a psychological screening test battery administered by a licensed psychologist or psychiatrist, with results valid for one year.

• Prohibits law enforcement officers from using a chokehold unless the use of deadly force is justifiable, and defines chokehold as application of pressure to the throat, windpipe, or neck that prevents or reduces air or oxygen intake.

• Excludes adult correctional officers from the definition of "law enforcement officer" and provides whistleblower protections against discriminatory, disciplinary, or retaliatory action for officers reporting criminal misconduct in good faith.