A. Any peace officer, as defined in Section 648 of Title 21 of the Oklahoma Statutes, who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, if excessive force is established as an element of any alleged violation under the criminal laws of this state. As used in this section and Section 34.2 of this title, “law enforcement duties” means duties carried out while acting as a peace officer pursuant to Section 99a of Title 21 of the Oklahoma Statutes.

B. As used in this section and Section 34.2 of this title,¹ “excessive force” means physical force which exceeds the degree of physical force reasonably permitted by law. The use of excessive force shall be presumed when a peace officer continues to apply physical force in excess of the force permitted by law to a person who has been rendered incapable of resisting arrest.