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Relating to prohibiting peace officers from using neck restraints during a search or arrest.
No significant fiscal implication to the State is anticipated.
SB 69 would prohibit a peace officer from intentionally using a choke hold or other similar neck restraint on a person in the execution of a search or arrest, unless the restraint is necessary to prevent serious bodily injury to the officer or another person.
Texas Action opposes SB 69 because it could lead to deadlier uses of force against citizens. Approved chokehold techniques used by law enforcement are almost never lethal; eliminating their use entirely is likely to cause officers to use techniques that are more harmful. Even though the exception provided in the bill would allow the use of these techniques in certain circumstances, law enforcement officers may be apprehensive about using them when necessary for fear of liability and default to other, more dangerous options.
The Legislature should instead implement alternative policies to limit improper uses of force and misconduct, such as eliminating qualified immunity.