For the purposes of this subchapter, the term:

1. (1) Repealed.
2. (2) Repealed.

3. (3) "Asphyxiating restraint" means:

   1. (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
   2. (B) The placement of a person by a law enforcement officer in a position in which that person's airway is restricted.

4. (4) "Law enforcement officer" means:

   1. (A) An officer or member of the Metropolitan Police Department or of any other police force operating in the District;
   2. (B) An investigative officer or agent of the United States;
   3. (C) An on-duty, civilian employee of the Metropolitan Police Department;
   4. (D) An on-duty, licensed special police officer;
   5. (E) An on-duty, licensed campus police officer;
   6. (F) An on-duty employee of the Department of Corrections or Department of Youth Rehabilitation Services;
   7. (G) An on-duty employee of the Court Services and Offender Supervision Agency, Pretrial Services Agency, or Family Court Social Services Division; and
   8. (H) An employee of the Office of the Inspector General who, as part of their official duties, conducts investigations of alleged felony violations.
5. (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. (6) "Prohibited technique" means an asphyxiating restraint or a neck restraint.

History

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

Apr. 21, 2023, D.C. Law 24-345, § 101(b)

June 8, 2024, D.C. Law 25-175, § 12

Editor's Notes

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

Prior Codifications

1981 Ed., § 4-189.

Section References

This section is referenced in § 5-302.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Second Emergency Amendment Act of 2020 (D.C. Act 23-336, July 22, 2020, 67 DCR 9148).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-437, Oct. 28, 2020, 67 DCR 12993).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-76, May 3, 2021, 68 DCR 004935).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2021 (D.C. Act 24-128, July 29, 2021, 68 DCR 007656).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2022 (D.C. Act 24-370, Apr. 7, 2022, 69 DCR 3370).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-454, June 28, 2022, 69 DCR 007767).

For temporary (90 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Emergency Amendment Act of 2023 (D.C. Act 25-61, Mar. 24, 2023, 70 DCR 3820).

For temporary (90 days) amendment of this section, see § 9 of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 days) amendment of this section, see § 9 of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Second Temporary Amendment Act of 2020 (D.C. Law 23-151, Dec. 3, 2020, 67 DCR 9920).

For temporary (225 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2021 (D.C. Law 24-23, Sept. 3, 2021, 68 DCR 005837).

For temporary (225 days) amendment of this section, see § 101(b) of Comprehensive Policing and Justice Reform Temporary Amendment Act of 2022 (D.C. Law 24-149, Aug. 12, 2022, 69 DCR 007767).