View Amendment Current Amendment: 5 to Bill 3050

Rep. RUTHERFORD proposes the following Amendment No. to H. 3050 (COUNCIL\CM\3050C003.GT.CM21):

Reference is to Printer's Date 4/21/21-H.

Amend the bill , as and if amended, by adding the following appropriately numbered SECTIONS to read:

/SECTION ___. Chapter 1, Title 23 of the 1976 Code is amended by adding:

"Section 23-1-260.( A)A law enforcement officer may not use greater restraint than is necessary, when detaining a person or unreasonable force when making an arrest.

(B) A person who violates this section is guilty of use of excessive force, a felony and, upon conviction, must be imprisoned for not more than thirty years. Charges pursuant to this section must only be brought by an investigative agency."

SECTION___ .Chapter 1, Title 23 of the 1976 Code is amended by adding:

"Section 23-1-265.(A) In the event where an officer-involved use of excessive force results in the death of a person, the law enforcement agency that employs the officer must refer the investigation of the incident to another law enforcement agency."

SECTION___. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /