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A BILL TO BE ENTITLED
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AN ACT
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relating to a duty for peace officers to intervene and make a report |
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when a peace officer uses excessive force. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.1387 to read as follows: |
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Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; |
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REPORT REQUIRED. (a) A peace officer has a duty to intervene to |
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stop or prevent another peace officer from using force against a |
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person suspected of committing an offense if: |
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(1) the amount of force exceeds that which is |
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reasonable under the circumstances; and |
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(2) the officer knows or should know that the other |
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officer's use of force: |
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(A) violates state or federal law; |
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(B) puts a person at risk of bodily injury, as |
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that term is defined by Section 1.07, Penal Code, and is not |
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immediately necessary to avoid imminent bodily injury to a peace |
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officer or other person; and |
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(C) is not required to apprehend the person |
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suspected of committing an offense. |
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(b) A peace officer who witnesses the use of excessive force |
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by another peace officer shall promptly make a detailed report of |
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the incident and deliver the report to the supervisor of the peace |
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officer making the report. |
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SECTION 2. This Act takes effect September 1, 2021. |