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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition on the use of a neck restraint by a |
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peace officer during a search or arrest. |
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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 534 (S.B. 69), Acts of the 87th Legislature, |
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Regular Session, 2021, is redesignated as Article 2.34, Code of |
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Criminal Procedure, and amended to read as follows: |
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Art. 2.34 [2.33]. USE OF NECK RESTRAINTS DURING SEARCH OR |
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ARREST PROHIBITED. A peace officer may not intentionally use a |
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choke hold, carotid artery hold, or similar neck restraint in |
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searching or arresting a person unless: |
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(1) the restraint is necessary to prevent serious |
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bodily injury to or the death of the officer or another person; and |
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(2) the officer discontinues the restraint as soon as |
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the threat of serious bodily injury or death described by |
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Subdivision (1) has passed. |
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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 during a |
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search or arrest by a peace officer as prescribed by Article 2.34, |
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Code of Criminal Procedure [in searching or arresting a person, |
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unless the officer reasonably believes the restraint is necessary |
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to prevent serious bodily injury to or the death of the peace |
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officer or 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, while waiting for emergency medical services personnel to |
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arrive, provide first aid or treatment to the person to the extent |
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of the officer's skills and training, unless the request for |
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emergency medical services personnel or the provision of first aid |
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or treatment would expose the officer or another person to a risk of |
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bodily injury or the officer is injured and physically unable to |
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make the request or 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 curriculum and policies |
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regarding: |
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(1) the prohibition against the intentional |
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[curriculum and policies for banning the] use of a choke hold, |
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carotid artery hold, or similar neck restraint during a search or |
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arrest by a peace officer as prescribed by Article 2.34, Code of |
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Criminal Procedure [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, while waiting for emergency |
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medical services personnel to arrive, provide first aid or |
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treatment to the person 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 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. |