(1) A peace officer may not restrain a person by the application of a knee applying pressure to the neck or throat of a person.
(2) A violation of this section shall be referred separately to the county or district attorney for review, and to the Peace Officer Standards and Training Council for investigation.
(3) A violation of this section is a third degree felony.
(4) If the violation results in:
(a) serious bodily injury or loss of consciousness, it is a second degree felony; or
(b) death, it is a first degree felony.