How B 23-0826 changes current law

Compared against the D.C. Code as published AI-generated reading aid — verify against the official bill.

The bill amends existing law to prohibit the use of neck restraints by law enforcement officers and enhances the provisions regarding the response to incidents involving neck restraints.

• D.C. Official Code § 5-125.01

  law enforcement officers' use of neck restraints, or any other technique that causes asphyxiation, presents an unnecessary danger to the public and constitutes excessive force. → law enforcement and special police officer use of neck restraints constitutes the use of lethal and excessive force. This force presents an unnecessary danger to the public.

  The definition of neck restraints is updated, emphasizing their lethal nature and the danger they pose.

• D.C. Official Code § 5-125.02

  Repealed.

  Repeals definitions for earlier definitions that are no longer applicable or necessary.

• D.C. Official Code § 5-125.02

  “Neck restraint” means the use of any body part or object by a law enforcement officer to apply pressure against a person's neck, including the trachea, carotid artery, or jugular vein, with the purpose, intent, or effect of controlling or restricting the person's airway, blood flow, or breathing, except in cases where the law enforcement officer is acting in good faith to provide medical care or treatment, such as by providing cardiopulmonary resuscitation. → “Neck restraint” means the use of any body part or object to attempt to control or disable a person by applying pressure against the person’s neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person’s movement or restricting their blood flow or breathing.

  Expands the definition of neck restraint to include attempts at control or disability.

• D.C. Official Code § 5-125.03

  It shall be unlawful: To use a prohibited technique; or If a law enforcement officer observes another law enforcement officer's use of a prohibited technique, to fail to immediately, for the person on whom the prohibited technique was used: Render, or cause to be rendered, first aid; or Request emergency medical services. → It shall be unlawful for: Any law enforcement officer or special police officer (“officer”) to apply a neck restraint; and Any officer who applies a neck restraint and any officer who is able to observe another officer’s application of a neck restraint to fail to: Immediately render, or cause to be rendered, first aid on the person on whom the neck restraint was applied; or Immediately request emergency medical services for the person on whom the neck restraint was applied.

  Specifies that applying a neck restraint is unlawful and outlines immediate response requirements.

• D.C. Official Code § 5-302

  trachea and carotid artery holds → neck restraints

  Updates the terminology in the law to consistently refer to 'neck restraints.'