§ 81-1414.16 — Law enforcement officer; chokehold prohibited; carotid restraint control hold prohibited; exceptions; report required

Nebraska § 81-1414.16

• Jurisdiction: Nebraska
• Ch. 81: State Administrative Departments

Text

(1) Except when the use of deadly force is authorized, a law enforcement officer shall not intentionally use a chokehold on any person.
(2) A law enforcement officer shall not intentionally use a carotid restraint control hold on any person unless:
(a) Either:
(i) The officer reasonably believes that the person will otherwise cause death or serious bodily injury to any person, including a law enforcement officer or noncertified conditional officer;
(ii) The person is actively resisting arrest in a manner that poses a risk of bodily injury to the officer or any other person; or
(iii) Deadly force is otherwise authorized; and
(b) The officer has been trained on the use of such hold.
(3) Following use of a carotid restraint control hold, a law enforcement officer shall create a report of the incident that articulates in detail the events leading to and following the use of such hold.
(4) For purposes of this section:
(a) Bodily injury has the same meaning as in section 28-109 ;
(b) Carotid restraint control hold means utilizing bilateral pressure to the sides of a person's neck, restricting the flow of oxygenated blood to the brain;
(c) Chokehold means intentionally applying pressure to the front of the throat and cutting off air flow for a sustained amount of time; and
(d) Serious bodily injury has the same meaning as in section 28-109 .

Legislative History

Source: Laws 2021, LB51, § 15.