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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement training programs and policies on using |
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appropriate nonlethal force and nonviolent restraint; changing the |
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education requirements for licensure as a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.13, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A peace officer shall: |
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(1) use all reasonable means to avoid using deadly |
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force against an unarmed suspect; and |
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(2) use the least amount of force necessary to |
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restrain an uncooperative suspect, if practicable. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.139 to read as follows: |
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Art. 2.139. POLICIES ON APPROPRIATE USE OF FORCE. (a) In |
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this article, "law enforcement agency" means an agency of the |
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state, or of a county, municipality, or other political subdivision |
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of the state, that employs peace officers. |
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(b) Each law enforcement agency in this state shall adopt a |
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policy on the appropriate use of force by officers. |
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(c) The policy must include: |
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(1) guidance on the relevant laws regarding the use of |
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deadly force; |
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(2) procedures for dealing with armed and unarmed |
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suspects; |
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(3) specific techniques to restrain or subdue a |
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suspect without the use of deadly force or restraint that causes |
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significant bodily injury; and |
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(4) disciplinary sanctions to be taken against an |
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officer who violates the policy. |
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(d) As appropriate, the policy must provide examples of |
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specific situations that an officer may encounter and the |
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recommended course of action for each situation. |
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SECTION 3. Section 1701.253, Occupations Code, is amended |
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by adding Subsection (l) to read as follows: |
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(l) As part of the minimum curriculum requirements, the |
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commission shall require an officer to complete a training program |
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on nonlethal force and nonviolent restraint established by the |
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commission under Section 1701.2532. |
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SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.2532 to read as follows: |
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Sec. 1701.2532. NONLETHAL FORCE AND NONVIOLENT RESTRAINT |
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TRAINING PROGRAM. (a) The commission shall establish a statewide |
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comprehensive education and training program on the use of |
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nonlethal force and nonviolent restraint. The training program |
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must consist of at least eight hours of classroom instruction and |
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practical training in: |
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(1) the appropriate use of force in the continuum of |
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situations faced by an officer, including when faced with an |
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unarmed suspect; |
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(2) the relevant state and federal law relating to |
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force and deadly force; |
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(3) the use of a nightstick, baton, or similar club for |
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nonviolent restraint in a manner intended to minimize bodily injury |
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to the suspect; |
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(4) the use of pepper spray for subduing a suspect |
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without using lethal force; and |
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(5) the use of any other weapons or methods that the |
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commission determines by rule. |
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(b) The training program may not be provided as an online |
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course. |
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(c) At least once every three years, the commission shall |
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review the content of the training program under this section and |
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update the program as necessary. |
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(d) Except as provided by Section 1701.352(b-1), an officer |
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who completes the training program established under this section |
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is not required to retake the program. |
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(e) Each officer who has not completed the training program |
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as required by Section 1701.253(l) shall complete the training |
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program not later than September 1, 2017. |
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(f) Subsection (e) and this subsection expire January 1, |
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2019. |
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SECTION 5. Section 1701.256, Occupations Code, is amended |
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to read as follows: |
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Sec. 1701.256. INSTRUCTION IN WEAPONS PROFICIENCY |
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REQUIRED. A peace officer training program under Section |
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1701.251(a) must provide instruction in weapons proficiency. The |
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instruction must include training in the use of a nightstick, |
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baton, or similar club, pepper spray, and any other weapon the |
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commission determines by rule. |
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SECTION 6. Section 1701.352, Occupations Code, is amended |
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by adding Subsection (b-1) to read as follows: |
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(b-1) The commission shall require each officer to complete |
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the training program on nonlethal force and nonviolent restraint |
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established by the commission under Section 1701.2532 at least once |
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every 36 months. |
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SECTION 7. Each law enforcement agency in this state shall |
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adopt the policy required by Article 2.139, Code of Criminal |
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Procedure, as added by this Act, not later than January 1, 2016. |
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SECTION 8. Not later than January 1, 2016, the Texas |
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Commission on Law Enforcement shall establish the training program |
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on nonlethal force and nonviolent restraint as required by Section |
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1701.2532, Occupations Code, as added by this Act. |
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SECTION 9. This Act takes effect September 1, 2015. |