HB1011: HB1011 Daren Lewis Saving Lives Act; enact

26 LC 39 4865 House Bill 1011 By: Representatives Gilliard of the 162nd, Jackson of the 128th, and Glaize of the 67th A BILL TO BE ENTITLED AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement1 officers and agencies, so as to require the adoption of written policies for conducting2 vehicular pursuits by law enforcement officers in residential a reas; to require the3 establishment of pursuit review committees; to provide for duti es and authority of such4 committees; to provide for annual reporting; to provide for tra ining; to provide for a short5 title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and6 for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Daren Lewis Saving Lives Act."10 SECTION 2.11 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and12 agencies, is amended by revising Code Section 35-1-14, relating to written policies for13 emergency pursuits, as follows:14 H. B. 1011 - 1 - 26 LC 39 4865 "35-1-14.15 (a) As used in this Code section, the term:16 (1) 'Pursuit' means an intentional attempt by a law enforcement officer to apprehend a17 suspect who, while attempting to flee, operates a motor vehicle in a manner that would18 require the officer to operate his or her motor vehicle in a manner that would require him19 or her to exceed normal traffic speeds, engage in vehicle maneu vers, or otherwise20 endanger the public.21 (2) 'Residential area' means a neighborhood, subdivision, or o ther area predominantly22 used for housing with a posted speed limit of 25 miles per hour or less or any area23 designated as a residential district by a local governing authority.24 (b) On and after January 1, 2004 2026, each state, county, and local law enforcement25 agency that conducts emergency response and vehicular pursuits shall adopt written26 policies that set forth the manner in which these operations shall be conducted. Each law27 enforcement agency may create its own such policies or adopt an existing model. All28 pursuit policies created or adopted by any law enforcement agency must address situations29 in which police pursuits cross over into other jurisdictions. Law enforcement agencies30 which do not comply with the requirements of this Code section are subject to the31 withholding of any state funding or state administered federal funding. Such policies shall:32 (1) Prohibit the initiation of a pursuit in a residential area unless:33 (A) There is an immediate risk to public safety or an imminent likelihood of serious34 bodily injury or death if a pursuit is not initiated; and35 (B) There is probable cause to arrest the operator or an occupant of the motor vehicle36 for a serious violent felony as set forth in Code Section 17-10-6.1;37 (2) Require the termination of a pursuit in a residential area which was initiated outside38 the residential area when there is a reasonable belief that:39 (A) The risk to public safety outweighs the benefit of continuing the pursuit;40 (B) The suspect can be apprehended through available, less dangerous means; or41 H. B. 1011 - 2 - 26 LC 39 4865 (C) The pursuit has entered an area within the residential are a where there is an42 increased risk of injury or death to a pedestrian or other motorist; and43 (3) Be published upon the official website of each state, coun ty, and local law44 enforcement agency.45 (c) Each state, county, and local law enforcement agency that conducts emergency46 response and vehicular pursuits shall establish a pursuit revie w committee. Such47 committee shall evaluate vehicular pursuits conducted by the respective law enforcement48 agency for compliance with pursuit policies adopted pursuant to this Code section and49 compliance with training standards set forth in Code Section 35 -8-28. Such committee50 shall perform an assessment on each vehicular pursuit by performing a risk assessment of51 decision-making and de-escalation efforts by law enforcement against the outcome of the52 pursuit. A pursuit review committee shall be authorized to review data, officer statements,53 video recordings from law enforcement body-worn devices and dev ices located on or54 inside of the law enforcement vehicle, and other relevant evidence. Such committee shall55 be further authorized to recommend corrective actions, including policy updates, training56 improvements, or agency discipline as appropriate.57 (d) Each state, county, and local law enforcement agency that conducts emergency58 response and vehicular pursuits shall publish an annual report on the:59 (1) Total number of pursuits initiated or terminated in a residential area;60 (2) Outcomes, injuries, fatalities, and property damage that resulted from pursuits;61 (3) Demographic information of individuals involved in pursuits, to the extent permitted62 by law; and63 (4) Disciplinary actions or policy changes resulting from pursuit reviews."64 SECTION 3.65 Said title is further amended in Chapter 8, relating to employm ent and training of peace66 officers, by adding a new Code section to read as follows:67 H. B. 1011 - 3 - 26 LC 39 4865 "35-8-28.68 (a) Beginning in 2027 and every year thereafter, each law enforcement unit and the basic69 training courses required pursuant to this chapter shall render training on:70 (1) High-risk vehicle operation, risk assessment, and decision making under stress;71 (2) De-escalation techniques and alternatives to vehicular pursuits, including stop sticks,72 roadblocks, or other nonpursuit strategies;73 (3) Safe operation of motor vehicles in residential areas as such term is defined in Code74 Section 35-1-14;75 (4) Recognition of road hazards and motor vehicle occupant safety;76 (5) How to intercede when a fellow law enforcement officer is acting in violation of77 policy or engaging in unsafe conduct; and78 (6) Compliance with post-pursuit review and accountability pro cesses as required by79 Code Section 35-1-14.80 (b) The training required by this Code section shall be eviden ced based and developed81 after consultation with community stakeholders."82 SECTION 4.83 All laws and parts of laws in conflict with this Act are repealed.84 H. 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