Section 81-1414.16 - Law enforcement officer; chokehold prohibited; carotid restraint control hold prohibited; exceptions; report required(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.Neb. Rev. Stat. § 81-1414.16
Added by Laws 2021, LB 51,§ 15, eff. 8/28/2021.