Colorado legislature: Senate passes “prone restraint” bill; House committee kills social media bill banning illicit sales

The Colorado legislature has expanded its floor calendars and plans fast agendas as it works to pass legislation on housing, gun regulation, transportation, taxes and other priorities ahead of the end of the 2024 session next week. Here are updates on major action and key developments.

This story will be updated throughout the day.

Updated at 11:25 a.m.: A bill to require written policy and training for the use of prone restraint will go to the governor after passing the Senate Thursday morning.

The original version of House Bill 1372 would have outlawed the use of prone restraint except when deadly force would be justified. It was pared back in the House to require training and written policies regarding the use of prone restraint, while still defining it as a use of force.

Prone restraint is when force is used to keep a person flat on their stomach on the ground. Research has tied the maneuver to the deaths of at least 17 people in Colorado in recent years. That includes Elijah McClain, who died in 2019 after he was forcefully restrained by police and then injected with ketamine while walking home. An Aurora police officer and two paramedics were convicted of criminally negligent homicide, while two other officers were acquitted of criminal charges, over the incident.

Defining prone restraint as a use of force means unlawful or excessive use of it could carry the potential for criminal and civil punishment. Under the bill, department policies would need to direct officers to move people out of the position as soon as pracitable and also give guidance on when to call for medical aid.

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Sponsor Sen. Julie Gonzales, a Denver Democrat and among the most progressive members of the Senate, noted that the changes helped several law enforcement agencies move to a neutral position from initial opposition.

“Frankly, colleagues, if the Fraternal Order of Police and I can agree on a policy, I think it’s a good policy,” Gonzales said.

It also won the support of Sen. Bob Gardner, a Colorado Springs Republican. He was the lone Republican to vote for the measure.

“I believe it is little to ask to have a policy and training in something whose use could result in death,” Gardner said.

Updated at 10:43 a.m.: A controversial bill aiming to restrict the content young people can see on social media related to drugs, guns and sex died in committee Wednesday night.

Senate Bill 158 would have tasked social media companies with creating policies that explicitly prohibit selling and advertising illicit substances and firearms, the sex trafficking of juveniles and creating sexually exploitative content. It would have also required companies to monitor this kind of activity, block users who posted about the aforementioned topics, and report it to local law enforcement, including the state attorney general.

The bill also would have established age-verification requirements for social media companies. It passed the Senate 30-1 last month.

The measure had support from a variety of high-profile local officials, including Denver District Attorney Beth McCann, who spoke in favor of it during the House Education Committee’s meeting Wednesday. Critics, especially those in psychedelic advocacy circles, argued the bill would infringe upon individuals’ right to free speech. The committee postponed consideration of the bill indefinitely.

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Rep. Meghan Lukens, a Steamboat Springs Democrat, said there wasn’t enough time in the legislative session to get the details ironed out to where they need to be. Lukens said there was a need to make social media safer for Colorado youth and that she was committed to working on an initiative in that vein for future sessions.

“The reality is, this bill simply needs more time. We are talking about bills becoming law, which is something that I know we all take very seriously,” Lukens said.

Another social media-related bill, House Bill 1136, has passed both chambers and will head to the governor. It would require the Colorado Department of Education to create a resource bank that provides information to educators and parents about the effects of social media on youth mental health.

The measure also would require social media apps to display pop-up notifications to users younger than 18 if they have been on the app for more than an hour within a 24-hour period or if they open it between 10 p.m. and 6 a.m.

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