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File #: O-557-20    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/16/2020 In control: Public Safety Committee
On agenda: 12/10/2020 Final action: 12/10/2020
Title: AN ORDINANCE AMENDING ORDINANCE NO 128, SERIES NO. 2020 REGARDING LOUISVILLE METRO POLICE DEPARTMENT POLICIES RELATING TO USE OF FORCE.
Sponsors: Jessica Green (D-1)
Attachments: 1. O-557-20 V.1 111920 Amend LMCO Use of Force Ord.pdf, 2. ORD 158 2020.pdf
ORDINIANCE NO. ______ ,SERIES 2020
TITLE
AN ORDINANCE AMENDING ORDINANCE NO 128, SERIES NO. 2020 REGARDING LOUISVILLE METRO POLICE DEPARTMENT POLICIES RELATING TO USE OF FORCE.
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SPONSORED BY: COUNCIL MEMBER GREEN

WHEREAS, the Louisville Metro Council recently enacted legislation regarding certain policies for use of force by the Louisville Metro Police Department (LMPD); and
WHEREAS, the intent of that legislation was to ensure LMPD use of force policies reflect best practices in accordance with federal and state law and legal precedent; and
WHEREAS, modification of the language in that Ordinance is necessary to ensure consistency with existing law.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ("THE COUNCIL") AS FOLLOWS:

SECTION I. Section 36.04 of the Louisville Metro Code of Ordinances is hereby amended as follows:
Section 36.04. Required policies; limitations on police use of force.
(A) For the purposes of this section of the Louisville Metro Code of Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Use of Force. Physical force used upon, or directed toward, the body of another person.
De-escalation. A desired outcome achieved by utilizing decision-making, communication, and tactics to resolve conflict or potential conflict, which is ethically based on the preservation of life and the avoidance of the use of force.

(B) The Chief of Police shall incorporate the following requirements, consistent with law and legal precedent, regarding the use of force in any policies, procedures, or regulations concerning the conduct of department members:
(1) Choking techniques are only an approved force option in a situation where the use of deadly force would be allowed.
(2) Department members shall should, when reasonable under the totality of the circumst...

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