Ban Police use of chokeholds/carotid control technique/neck restraints in the State of MD


Ban Police use of chokeholds/carotid control technique/neck restraints in the State of MD
The Issue
We, the undersigned, call for swift action by the Governor of the State of Maryland, Larry Hogan, to take the following actions to protect our health, safety, and well-being from harm from lethal police practices.
- Sign an executive order, amending the penal law, in relation to establishing the crime of aggravated strangulation,
- Ban all usage of the "carotid control technique" or any other maneuvers for applying direct pressure on a windpipe or airway would be classified as a deadly force technique, with no exceptions,
- Provides that a person commits aggravated strangulation when he or she, being a police officer, commits the crime of criminal obstruction of breathing or blood circulation and causes serious physical injury or death to another person. This offense shall be a class C felony.
- Require all officers to immediately notify a supervisor if they see inappropriate use of force. Officers are also required to physically intervene against unauthorized use of force when possible, or otherwise "shall be subject to discipline to the same severity as if they themselves engaged in the prohibited use of force."
- Establish regulations for body cam footage to be released within 72 hours after an officer-involved fatality and forbids from watching that footage before writing their report,
- All uniformed peace officers may not cover the serial number engraved on their badge with a mourning band.
PURPOSE:
Establishes criminal penalties for the use of a choke hold.
STATEMENT:
Several states are reviewing their state legislation and are finding a need to update several police tactics that have resulted in death. Those states included are California, Connecticut, Florida, New York, and Washington State; the cities of Austin, Chicago, Denver, Houston, Minneapolis, Phoenix, Seattle, and Washington, D.C.
After the death of three of our Maryland residents in the past eight years and the recent national awareness of the general public, brought forth by the video footage of the death of George Floyd. We are standing with House Speaker Adrienne Jones and the other 98 Delegates in asking that you honor her request to immediately sign an executive order banning all methods of choke/strangle holds that cut off flow of air”. And to make it a criminal felony when used by any officer, no exceptions.
SOURCES
Christopher Brown (age 17) - June 2012
Source Cited: https://www.wbaltv.com/article/police-teen-dies-after-confrontation-with-officer-in-randallstown/7074889
“The state medical examiner on Thursday afternoon notified Baltimore County police that 17-year-old Christopher Brown, of Randallstown, died of asphyxiation June, 2012”
“A visibly relieved James D. Laboard hugged family members Thursday after jurors found the Baltimore County police officer not guilty in the death of the teenager he chased down and fought last June.”
“Seventeen-year-old Christopher Brown had been with a group of boys who threw a rock at Laboard's door before the off-duty officer found him, and neither side in the case disputed that Brown had died as a result of the ensuing altercation. But a jury decided after a four-day trial that Laboard had not broken the law by placing the teen in the neck restraint that the state argued had killed him.”
Anton Black (Age 19) - January 2019
Sources Cited: https://www.marylandmatters.org/2019/01/23/police-body-camera-footage-to-be-released-in-death-of-eastern-shore-teen/
“[D]ied by lethal use of the Chokehold while in handcuffs, in police custody”
This case is still under investigation by Caroline County
Unnamed Salisbury Teenager - May 2020
Source Cited:
https://baltimore.cbslocal.com/2020/05/30/salisbury-police-body-camera-video-released-latest/
Source Cited:
House Bill 954 of 2015 and House Bill 1016 of 2016, the Maryland Police Training and Standards Commission issued best practices, protocols, standards and data collection requirements to all law enforcement agencies in the State of Maryland to follow for use of force
Source Cited:
https://htv-prod-media.s3.amazonaws.com/files/governor-hogan-policing-letter-1592328193.pdf
Source Cited: State of New York BILL NUMBER: S6670b
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of aggravated strangulation
596
The Issue
We, the undersigned, call for swift action by the Governor of the State of Maryland, Larry Hogan, to take the following actions to protect our health, safety, and well-being from harm from lethal police practices.
- Sign an executive order, amending the penal law, in relation to establishing the crime of aggravated strangulation,
- Ban all usage of the "carotid control technique" or any other maneuvers for applying direct pressure on a windpipe or airway would be classified as a deadly force technique, with no exceptions,
- Provides that a person commits aggravated strangulation when he or she, being a police officer, commits the crime of criminal obstruction of breathing or blood circulation and causes serious physical injury or death to another person. This offense shall be a class C felony.
- Require all officers to immediately notify a supervisor if they see inappropriate use of force. Officers are also required to physically intervene against unauthorized use of force when possible, or otherwise "shall be subject to discipline to the same severity as if they themselves engaged in the prohibited use of force."
- Establish regulations for body cam footage to be released within 72 hours after an officer-involved fatality and forbids from watching that footage before writing their report,
- All uniformed peace officers may not cover the serial number engraved on their badge with a mourning band.
PURPOSE:
Establishes criminal penalties for the use of a choke hold.
STATEMENT:
Several states are reviewing their state legislation and are finding a need to update several police tactics that have resulted in death. Those states included are California, Connecticut, Florida, New York, and Washington State; the cities of Austin, Chicago, Denver, Houston, Minneapolis, Phoenix, Seattle, and Washington, D.C.
After the death of three of our Maryland residents in the past eight years and the recent national awareness of the general public, brought forth by the video footage of the death of George Floyd. We are standing with House Speaker Adrienne Jones and the other 98 Delegates in asking that you honor her request to immediately sign an executive order banning all methods of choke/strangle holds that cut off flow of air”. And to make it a criminal felony when used by any officer, no exceptions.
SOURCES
Christopher Brown (age 17) - June 2012
Source Cited: https://www.wbaltv.com/article/police-teen-dies-after-confrontation-with-officer-in-randallstown/7074889
“The state medical examiner on Thursday afternoon notified Baltimore County police that 17-year-old Christopher Brown, of Randallstown, died of asphyxiation June, 2012”
“A visibly relieved James D. Laboard hugged family members Thursday after jurors found the Baltimore County police officer not guilty in the death of the teenager he chased down and fought last June.”
“Seventeen-year-old Christopher Brown had been with a group of boys who threw a rock at Laboard's door before the off-duty officer found him, and neither side in the case disputed that Brown had died as a result of the ensuing altercation. But a jury decided after a four-day trial that Laboard had not broken the law by placing the teen in the neck restraint that the state argued had killed him.”
Anton Black (Age 19) - January 2019
Sources Cited: https://www.marylandmatters.org/2019/01/23/police-body-camera-footage-to-be-released-in-death-of-eastern-shore-teen/
“[D]ied by lethal use of the Chokehold while in handcuffs, in police custody”
This case is still under investigation by Caroline County
Unnamed Salisbury Teenager - May 2020
Source Cited:
https://baltimore.cbslocal.com/2020/05/30/salisbury-police-body-camera-video-released-latest/
Source Cited:
House Bill 954 of 2015 and House Bill 1016 of 2016, the Maryland Police Training and Standards Commission issued best practices, protocols, standards and data collection requirements to all law enforcement agencies in the State of Maryland to follow for use of force
Source Cited:
https://htv-prod-media.s3.amazonaws.com/files/governor-hogan-policing-letter-1592328193.pdf
Source Cited: State of New York BILL NUMBER: S6670b
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of aggravated strangulation
596
The Decision Makers
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Petition created on July 17, 2020