Amends TCA Title 38; Title 39 and Title 40.

This bill revises and adds to present law provisions regarding law enforcement's use of force and no knock warrants, as follows: (1) Present law prohibits a law enforcement officer from using a choke hold or other similar respiratory restraining maneuver, with or without the use of a police baton, on any suspect, defendant or other person unless other methods of restraint are ineffective. Present law does not prohibit the use of the lateral vascular maneuver. This bill deletes these provisions and instead prohibits a law enforcement officer from using a choke hold, with or without the use of a police baton, on any person unless the officer reasonably believes that deadly force is authorized pursuant to the present law provision governing the use of deadly force by a law enforcement officer. For the purposes of this bill, "choke hold" means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing; (2) Under present law, use of choke holds and other similar restraining maneuvers, with or without the use of a police baton, if included in the training curriculum, must be taught to candidates at state law enforcement training facilities as an alternative method of restraint to be used after mace or other less dangerous methods of restraint have failed to be effective or are unavailable. This bill revises this provision to instead provide that the use of choke holds be taught as a method of restraint only used if the officer reasonably believes that deadly force is authorized pursuant to present law provision governing the use of deadly force by a law enforcement officer; (3) Under present law, a magistrate, if satisfied of the existence of the grounds of the application, or that there is probable ground to believe their existence, will issue a search warrant signed by the magistrate, directed to the sheriff, any constable or any peace officer, commanding such individuals immediately to search the person or place named for the property specified, and to bring it before the magistrate. This bill adds that a magistrate is prohibited from issuing a "no knock" search warrant, which expressly authorizes a peace officer to dispense with the requirement to knock and announce the peace officer's presence prior to execution of the warrant; (4) This bill requires law enforcement agencies to, by January 1, 2022, develop a policy regarding de-escalation. Each agency must provide training to officers on de-escalation techniques, including: verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force and application of reasonable and proportional use of force based upon the totality of the circumstances; (5) This bill prohibits law enforcement agencies from retaliating against an officer who intervenes against excessive use of force, reports excessive use of force, or cooperates in an internal investigation related to the excessive use of force; (6) This bill requires law enforcement agencies to develop, by January 1, 2022, a policy that limits the circumstances under which an officer may discharge a firearm at or from a moving vehicle, motorcycle, or bicycle to when the officer reasonably believes that deadly force is authorized as provided in the present law provision regarding use of deadly force by a law enforcement officer; (7) This bill requires law enforcement agencies to establish, by January 1, 2022, a use of force reporting system that allows for the agency to effectively review and analyze all use of force incidents. Such reporting system must be designed to help the agency identify trends, improve officer training and safety, and provide timely and accurate information; and (8) This bill provides that a law enforcement who: (A) Directly observes or has knowledge of excessive use of force by another law enforcement officer in violation of state or federal law must, within the officer's scope of training, knowledge, and authority, intervene when the officer has an opportunity and means to prevent the harm from occurring; (B) Intervenes during an excessive force incident must report the circumstances to a supervisor as soon as practical; and (C) Has direct knowledge of excessive use of force by another law enforcement officer in violation of state or federal law must, as soon as practical, report the excessive use of force to a supervisor. ON APRIL 19, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1380, AS AMENDED. AMENDMENT #1 expands the use of force reporting system that this bill will require law enforcement agencies to develop, as described in (7) of the Bill Summary. By January 1, 2022, this amendment requires each law enforcement agency to implement the use of force reporting system to collect data on use of force incidents. Beginning January 1, 2022, this amendment requires each law enforcement agency to report monthly to the TBI all use of force data consistent with the requirements, definitions, and methods of the FBI's National Use of Force Data Collection. The TBI will be required to compile such information and submit an annual report to the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives. The report must include statewide and countywide aggregate data, but must not include any personally identifying information of law enforcement officers. This amendment also requires the TBI to make the report available to the public on its website.