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A BILL TO BE ENTITLED
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AN ACT
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relating to the duty of a peace officer to request and render aid |
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for an injured person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.33, Code of Criminal Procedure, as |
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added by Chapter 979 (S.B. 2212), Acts of the 87th Legislature, |
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Regular Session, 2021, is redesignated as Article 2.35, Code of |
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Criminal Procedure, and amended to read as follows: |
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Art. 2.35 [2.33]. DUTY TO REQUEST AND RENDER AID. (a) |
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Except as provided by Subsection (b), a peace officer who |
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encounters an injured person while discharging the officer's |
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official duties shall immediately and as necessary: |
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(1) request emergency medical services personnel to |
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provide the person with emergency medical services; and |
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(2) while waiting for emergency medical services |
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personnel to arrive, provide first aid or treatment to the person to |
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the extent of the officer's skill and training. |
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(b) The peace officer is not required to request emergency |
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medical services or provide first aid or treatment under Subsection |
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(a) if: |
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(1) making the request or providing the treatment |
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would expose the officer or another person to a likely risk of |
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serious bodily injury; or |
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(2) the officer is injured and physically unable to |
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make the request or provide the treatment. |
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SECTION 2. Section 1701.2551(b), Occupations Code, is |
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amended to read as follows: |
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(b) The basic peace officer training course must include |
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training on: |
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(1) the prohibition against the intentional use of a |
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choke hold, carotid artery hold, or similar neck restraint by a |
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peace officer in searching or arresting a person, unless the |
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officer reasonably believes the restraint is necessary to prevent |
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serious bodily injury to or the death of the peace officer or |
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another person; |
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(2) the duty of a peace officer to intervene to stop or |
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prevent another peace officer from using force against a person |
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suspected of committing an offense if: |
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(A) the amount of force exceeds that which is |
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reasonable under the circumstances; and |
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(B) the officer knows or should know that the |
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other officer's use of force: |
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(i) violates state or federal law; |
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(ii) puts a person at risk of bodily injury, |
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as 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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(iii) is not required to apprehend the |
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person suspected of committing an offense; and |
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(3) the duty of a peace officer [who encounters an |
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injured person while discharging the officer's official duties] to |
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[immediately and as necessary] request [emergency medical services |
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personnel to provide the person with emergency medical services] |
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and render [, while waiting for emergency medical services |
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personnel to arrive, provide first] aid for an injured [or |
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treatment to the] person as prescribed by Article 2.35, Code of |
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Criminal Procedure [to the extent of the officer's skills and |
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training, unless the request for emergency medical services |
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personnel or the provision of first aid or treatment would expose |
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the officer or another person to a risk of bodily injury or the |
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officer is injured and physically unable to make the request or |
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provide the treatment]. |
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SECTION 3. Section 1701.269(b), Occupations Code, as added |
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by Chapter 722 (H.B. 3712), Acts of the 87th Legislature, Regular |
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Session, 2021, is amended to read as follows: |
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(b) The model training curriculum and model policies |
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developed under Subsection (a) must include: |
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(1) curriculum and policies for banning the use of a |
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choke hold, carotid artery hold, or similar neck restraint by a |
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peace officer in searching or arresting a person, unless the |
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officer reasonably believes the restraint is necessary to prevent |
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serious bodily injury to or the death of the peace officer or |
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another person; |
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(2) curriculum and policies regarding the duty of a |
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peace officer to intervene to stop or prevent another peace officer |
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from using force against a person suspected of committing an |
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offense if: |
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(A) the amount of force exceeds that which is |
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reasonable under the circumstances; and |
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(B) the officer knows or should know that the |
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other officer's use of force: |
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(i) violates state or federal law; |
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(ii) puts a person at risk of bodily injury, |
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as 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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(iii) is not required to apprehend the |
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person suspected of committing an offense; and |
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(3) curriculum and policies regarding the duty of a |
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peace officer [who encounters an injured person while discharging |
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the officer's official duties] to [immediately and as necessary] |
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request [emergency medical services personnel to provide the person |
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with emergency medical services] and render [, while waiting for |
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emergency medical services personnel to arrive, provide first] aid |
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for an injured [or treatment to the] person as prescribed by Article |
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2.35, Code of Criminal Procedure [to the extent of the officer's |
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skills and training, unless the request for emergency medical |
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services personnel or the provision of first aid or treatment would |
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expose the officer or another person to a risk of bodily injury or |
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the officer is injured and physically unable to make the request or |
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provide the treatment]. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2023. |