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AN ACT To repeal section 563.046, RSMo, and to enact in lieu thereof one new section relating to the use of a chokehold by a law enforcement officer, with a penalty provision and an emergency clause.




In effecting an arrest or in preventing an escape from custody, a law enforcement officer is justified in using a chokehold only when he or she reasonably believes that it is necessary to defend himself or herself or a third person from what he or she believes to be the use or imminent use of deadly physical force or infliction of serious physical injury. The use of a chokehold for any other purpose shall be cause for the law enforcement officer’s immediate dismissal and revocation of his or her POST certification under chapter 590.