BILL ANALYSIS

 

 

Senate Research Center	S.B. 68
87R797 ADM-D	By: Miles
	Jurisprudence
	4/13/2021
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 68 requires peace officers to intervene to stop or prevent another peace officer from using excessive force if a reasonable officer would intervene under the same or similar circumstances. The officer who witnessed the excessive force must promptly submit a detailed report of the incident to the relevant supervisors.

 

Advocates for such policies requiring officers to intervene argue that these policies can benefit law enforcement organizations by enhancing professionalism and agencies' relationship with the communities they serve and police. Officers sometimes do not intervene when they witness misconduct because some may believe that loyalty is supporting a colleagues actions, whether right or wrong. Furthermore, officers may fear retaliation by peers and a detriment to their own career. S.B. 68 addresses this by requiring officers to intervene. Doing such encourages the recognition that intervening in the excessive use of force benefits the intervening officer and everyone else involved.

 

According to the International Association of Chiefs of Police, the "benefits [of a standalone duty to intervene policy] may include fewer citizen complaints, fewer instances of misconduct, a decrease in the use of excessive force, an increase in officer safety and wellness, fewer disciplinary issues, increased retention of employees, and increased trust from the community."

 

As proposed, S.B. 68 amends current law relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 2, Code of Criminal Procedure, by adding Article 2.1387, as follows:

 

Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; REPORT REQUIRED. (a) Provides that a peace officer has a duty to intervene to stop or prevent another peace officer from using excessive force against a person suspected of committing an offense if an ordinary, prudent peace officer would intervene under the same or similar circumstances.

 

(b) Requires a peace officer who witnesses the use of excessive force by another peace officer to promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report and the supervisor of the peace officer who used the excessive force.

 

SECTION 2. Effective date: September 1, 2021.