D.C. Code § 5-125.02

Current through codified legislation effective October 30, 2024

Section 5-125.02 - Definitions

For the purposes of this subchapter, the term:

(1) [Repealed by 2023 amendment.]

(2) [Repealed by 2023 amendment.]

(3) "Asphyxiating restraint" means:

(A) The use of any body part or object by a law enforcement officer against a person with the purpose, intent, or effect of controlling or restricting the person's airway or severely restricting the person's 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; or

(B) The placement of a person by a law enforcement officer in a position in which that person's airway is restricted.

(4) "Law enforcement officer" means:

(A) An officer or member of the Metropolitan Police Department or of any other police force operating in the District;

(B) An investigative officer or agent of the United States;

(C) An on-duty, civilian employee of the Metropolitan Police Department;

(D) An on-duty, licensed special police officer;

(E) An on-duty, licensed campus police officer;

(F) An on-duty employee of the Department of Corrections or Department of Youth Rehabilitation Services;

(G) An on-duty employee of the Court Services and Offender Supervision Agency, Pretrial Services Agency, or Family Court Social Services Division; and

(H) An employee of the Office of the Inspector General who, as part of their official duties, conducts investigations of alleged felony violations.

(5) "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.

(6) "Prohibited technique" means an asphyxiating restraint or a neck restraint.

D.C. Code § 5-125.02

Amended by D.C. Law 25-175,§ 12, 71 DCR 002732, eff. 6/8/2024.

Amended by D.C. Law 25-410,§ 9, 71 DCR 002693, eff. 3/11/2024, exp. 6/9/2024.

Amended by D.C. Law 24-345, § 101 , 70 DCR 000953, eff. 4/21/2023.

Amended by D.C. Law 25-61, § I-A-101 , 70 DCR 003820, eff. 3/24/2023, exp. 6/22/2023.

Amended by D.C. Law 24-76, § I-A-101 , 68 DCR 004935, eff. 5/3/2021, exp. 8/1/2021.

Jan. 25, 1986, D.C. Law 6-77, § 3, 32 DCR 6497.

Mayor authorized to issue rules: See Historical and Statutory Notes following § 5-125.01 .