PRINTER'S NO. 857
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
870
Session of
2021
INTRODUCED BY KINSEY, KIM, DAWKINS, DALEY, SANCHEZ, A. DAVIS,
LEE, HILL-EVANS, MADDEN, SCHWEYER, SHUSTERMAN, SCHLOSSBERG,
SIMS, FREEMAN, ISAACSON, KINKEAD, INNAMORATO, FRANKEL,
HARRIS, DELLOSO, WARREN AND McCLINTON, MARCH 11, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2021
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, providing for actions by law
enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
ACTIONS BY LAW ENFORCEMENT
Chapter
91. Use of Force
CHAPTER 91
USE OF FORCE
Sec.
9101. Prohibition.
§ 9101. Prohibition.
(a) General rule.--Notwithstanding 18 Pa.C.S. § 508
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(relating to use of force in law enforcement) and except as
provided under subsection (b), in making an arrest a
Pennsylvania State Police officer or municipal police officer:
(1) May not:
(i) apply the use of a chokehold;
(ii) apply any pressure to the diaphragm, airways or
any compression that inhibits breath or the flow of blood
to the brain of the person; or
(iii) hold the person in prone restraint or facedown
while restrained for a period of time exceeding three
minutes or as practical as to avoid positional asphyxia.
(2) May not keep the person in prone restraint or a
facedown position once the person is restrained.
(b) Application.--The prohibitions under subsection (a)
shall not apply when the use of deadly force is permitted under
law.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Prone restraint." All items or measures used to restrain a
person in a facedown position.
Section 2. This act shall take effect in 60 days.
20210HB0870PN0857 - 2 -
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