By: Miles  S.B. No. 68
         (In the Senate - Filed November 9, 2020; March 3, 2021, read
  first time and referred to Committee on Jurisprudence;
  April 19, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 19, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 68 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a duty for peace officers to intervene and make a report
  when a peace officer uses excessive force.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.1387 to read as follows:
         Art. 2.1387.  INTERVENTION REQUIRED FOR EXCESSIVE FORCE;
  REPORT REQUIRED. (a) A peace officer has a duty to intervene to
  stop or prevent another peace officer from using force against a
  person suspected of committing an offense if:
               (1)  the amount of force exceeds that which is
  reasonable under the circumstances; and
               (2)  the officer knows or should know that the other
  officer's use of force:
                     (A)  violates state or federal law;
                     (B)  puts a person at risk of bodily injury, as
  that term is defined by Section 1.07, Penal Code, and is not
  immediately necessary to avoid imminent bodily injury to a peace
  officer or other person; and
                     (C)  is not required to apprehend the person
  suspected of committing an offense.
         (b)  A peace officer who witnesses the use of excessive force
  by another peace officer shall promptly make a detailed report of
  the incident and deliver the report to the supervisor of the peace
  officer making the report.
         SECTION 2.  This Act takes effect September 1, 2021.
 
  * * * * *