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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a peace officer from using less lethal |
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devices to control the activity or movement of a nonviolent |
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gathering of persons or disperse persons engaging in protected |
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speech or expressive conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Brandon Saenz Act. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. PROHIBITION ON USE OF LESS LETHAL DEVICES FOR |
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CROWD CONTROL OR DISPERSAL. (a) In this article: |
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(1) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(2) "Less lethal chemical device" means a less lethal |
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device designed to be launched or thrown as a projectile for the |
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purpose of incapacitating or substantially diminishing the |
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capacity of the target by causing chemical irritation of the eyes, |
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throat, lungs, or skin. The term includes chemical devices |
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commonly known as "tear gas," "pepper bullets," "pepper pellets," |
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and "smoke grenades." |
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(3) "Less lethal device" means a weapon, ammunition, |
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or other device designed to reduce the risk of serious bodily injury |
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or death compared to a deadly weapon, as defined by Section 1.07, |
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Penal Code. The term includes a less lethal chemical device or less |
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lethal projectile. |
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(4) "Less lethal projectile" means a less lethal |
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device that is discharged from a firearm or other device for the |
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purpose of incapacitating or substantially diminishing the |
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capacity of the target by inflicting blunt trauma. The term |
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includes ammunition commonly known as "rubber bullets," "wooden |
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bullets," "sponge rounds," and "bean bag rounds." |
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(b) A peace officer may not use a less lethal device as a |
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means to: |
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(1) control the activity or movement of a nonviolent |
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gathering of persons; or |
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(2) disperse persons engaging in speech or expressive |
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conduct protected by the First Amendment to the United States |
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Constitution or Section 8, Article 1, Texas Constitution. |
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(c) Each law enforcement agency in this state shall adopt a |
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policy that prohibits a peace officer employed by the agency from |
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using less lethal devices for a purpose prohibited under Subsection |
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(b). |
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SECTION 3. Not later than January 1, 2022, each law |
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enforcement agency in this state shall adopt the policy required by |
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Article 2.33, Code of Criminal Procedure, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |