header-left
File #: 200368-A    Version: Name:
Type: Bill Status: ENACTED
File created: 6/11/2020 In control: Committee on Public Safety
On agenda: Final action: 9/17/2020
Title: Amending Title 10 of The Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by adding a new Chapter 10-2500, entitled "Prohibited Physical Contact by Peace Officers," to prevent unnecessary death or injury via asphyxiation by prohibiting certain physical contact by peace officers, all under certain terms and conditions.
Sponsors: Councilmember Johnson, Councilmember Jones, Councilmember Parker, Councilmember Squilla, Councilmember Gilmore Richardson, Councilmember Henon, Councilmember Gym, Councilmember Domb, Councilmember Gauthier, Councilmember Thomas, Councilmember Green
Code sections: Title 10 - REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY
Attachments: 1. Bill No. 20036801, As Amended.pdf, 2. Bill No. 200368-A02, As Amended on Floor, 3. CertifiedCopy200368-A02.pdf

Title

Amending Title 10 of The Philadelphia Code, entitled “Regulation of Individual Conduct and Activity,” by adding a new Chapter 10-2500, entitled “Prohibited Physical Contact by Peace Officers,” to prevent unnecessary death or injury via asphyxiation by prohibiting certain physical contact by peace officers, all under certain terms and conditions.

 

Body

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

 

SECTION 1. Title 10 of The Philadelphia Code is hereby amended to read as follows:

 

TITLE 10. REGULATION OF INDIVIDUAL CONDUCT AND ACTIVITY.

 

*     *     *

 

CHAPTER 10-2500. PROHIBITED PHYSICAL CONTACT BY PEACE OFFICERS.

 

§ 10-2501. Definitions.

 

The following definitions apply to this Chapter:

 

Peace officer. Any person who by virtue of their office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses.

 

Serious bodily injury. Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

 

§ 10-2502. Prohibited Physical Contact.

 

The use of restraints or other physical contact that present a substantial risk of asphyxiation may not be used by a peace officer to detain a person. Prohibited restraints include chokeholds, hogtying, and sitting, kneeling, or standing on the head, face, or neck, as well as sitting, kneeling, or standing on the chest or back except as necessary to prevent serious bodily injury to an officer or member of the public.

 

SECTION 2. This Ordinance shall be effective immediately.

 

End