Section 1. TitleThis legislation may be cited as the
Frémont Safer Policing Act.
Section 2. Procedures for Smart, Safe, and Responsible Policing and De-escalation1. Law enforcement officials are prohibited from choking, strangling, or imposing any form of neck restraint on civilians.
2. Law enforcement officials must de-escalate conflicts, where possible, by communicating with subjects, maintaining distance, and exhausting all means including non-force and less lethal force options, prior to using lethal force. De-escalation means and guidelines are established in Section 3 of this Act.
3. Law enforcement officials must give verbal warning in all situations before using deadly force.
4. Law enforcement officials must intervene and stop excessive force used by other officers and report misconduct, including violations of procedures as established by this Act and the
Peaceful Streets Act, immediately to a supervisor. Failure to deter or report clear observances of police conduct shall result in liability for officers for injury caused to civilians and property in instances where such might have been prevented. Additionally, police departments are prohibited from prosecuting reporters of misconduct, or using threat of retribution to dissuade officials from reporting observances of misconduct.
5. Law enforcement officials are prohibited from firing weaponry at moving vehicles except in cases where the vehicle or armed passengers pose an imminent danger to the lives of pedestrians.
6. Comprehensive reporting to the appropriate department shall be required whenever use of force is threatened or used, including instances when a firearm is pointed at someone, in addition to all other types of force.
7. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject. Under no circumstance may physical force be applied to an individual requiring emergency medical care.
8. No knock warrants are completely outlawed in all cases except in uses for suspects on a terrorist watch list, Atlasia Most Wanted list, sex traffickers, and highly profiled drug traffickers.
a. "Highly profiled drug traffickers" are defined as drug traffickers with estimated profits per annum exceeding $1,000,000.
Section 3. Use of Force ContinuumIn compliance with this Act, all law enforcement officials must be trained in identifying the appropriate level of force in one's response as dictated by a given situation:
Level 1 - Officer Presence. The mere presence of a police officer in uniform or in a marked vehicle is often enough to stop a crime in progress or prevent situations from escalating. This "zero" level of force, including simple use of body language and gestures, shall be the preferred way to resolve any situation if possible.
Level 2 - Verbal Commands. Used in combination with a visible presence, the use of verbal direction (including demands to display one's ID or a clear, verbal indication that the subject is under detainment or arrest) will almost always deter further conflict. Officers are encouraged to use their demeanor in a way that is calm but firm and non-threatening, but choice of words and intensity can be increased as necessary or used in short commands in more serious situations.
Level 3 - Empty Hand Control. In certain situations where words alone will not reduce aggression or conflict, law enforcement may engage physically. These two levels of control, which do not require the aid of equipment or weapons, are separated into two categories called "sot empty hand techniques" and "hard empty hand techniques".
Soft Empty Hand Techniques. - This level of minimal force may involve the use of bare hands to guide, hold, and restrain, applying pressure points, and take down techniques that have a minimum chance of injury.
Hard Empty Hand Techniques. - At this level use of force includes kicks, punches, or other striking techniques such as the brachial stun or other strikes to key motor point that have a moderate chance of injury.
Level 4 - Pepper Spray, Baton, Taser. When a suspect is violent or threatening, the use of non or minimally lethal weapons including the aforementioned equipment may be used to bring the suspect under control or affect an arrest. Before moving to this level of force, it should be assumed that less physical measures have already been tried.
Level 5 - Less Lethal. Less-lethal weapons may be employed when (a) lethal force is not appropriate, (b) lethal force is available as backup but lesser force may subdue the aggressor, or (c) lethal force is justified but its use could cause serious collateral effects, such as injury to bystanders or damage to environment and property. These weapons may be used to temporarily incapacitate, confuse, delay, or restrain an adversary, but the prohibition of "rubber bullets" and "stun grenades", as prescribed by the
Safer Crowd Control Act, shall remain in place.
Level 6 - Deadly Force. Only if a law enforcement officer has probable cause to believe that a suspect poses a significant threat of death or serious physical injury to an officer or others may the use of deadly force be applied.
Section 4. Ending Qualified ImmunityIt shall not be a defense or immunity to any action brought against a Regional, State, or local government official that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time when a person's rights secured by the Constitutions of the Commonwealth and of the Republic of Atlasia have not been appropriately protected.
Section 5. Frémont Law Enforcement Certification Commission1. A Frémont Law Enforcement Certification Bureau shall be founded to oversee and manage the certification of law enforcement officials.
2. All law enforcement officials operating under Frémont jurisdiction shall be required to undergo a comprehensive certification process, with recertification required every 3 years. The certification process will be designed by the Frémont Law Enforcement Certification Bureau, and will include a minimum of X hours of training on up-to-date use of force procedures.
