| |
| |
| |
|
|
AN ACT
|
|
|
relating to the use of force by peace officers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Articles 2.1387 and 2.33 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. |
|
|
Art. 2.33. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST |
|
|
PROHIBITED. A peace officer may not intentionally use a choke hold, |
|
|
carotid artery hold, or similar neck restraint in searching or |
|
|
arresting a person unless the restraint is necessary to prevent |
|
|
serious bodily injury to or the death of the officer or another |
|
|
person. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 69 passed the Senate on |
|
|
April 28, 2021, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendment on May 28, 2021, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 69 passed the House, with |
|
|
amendment, on May 25, 2021, by the following vote: Yeas 141, |
|
|
Nays 5, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |