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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for peace officers and emergency medical |
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services personnel who respond to calls involving an alleged or |
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suspected act of strangulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. PROCEDURES FOR RESPONDING TO CALLS INVOLVING |
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ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article: |
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(1) "Emergency medical services personnel" has the |
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meaning assigned by Section 773.003, Health and Safety Code. |
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(2) "Strangulation" means impeding the normal |
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breathing or circulation of the blood of a person by applying |
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pressure to the person's throat or neck or by blocking the person's |
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nose or mouth. |
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(b) A peace officer who responds to a call for service that |
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involves an alleged or suspected act of strangulation shall: |
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(1) request assistance from emergency medical |
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services personnel to evaluate and render aid to the victim of |
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strangulation; |
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(2) use the checklist developed under Section |
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1701.165, Occupations Code, in providing appropriate assistance to |
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the victim; and |
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(3) provide the victim with referral information to |
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the appropriate support agency for purposes of receiving additional |
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assistance. |
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(c) The peace officer's report regarding the incident must |
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thoroughly document the following: |
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(1) the name, identification number, employment |
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agency, and unit number of all emergency medical services personnel |
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providing assistance under Subsection (b); |
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(2) victim and witness accounts of the suspect's |
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behavior, actions, and any comments made during the act of |
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strangulation; |
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(3) the officer's observations regarding the suspect's |
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behavior, actions, and any comments made after the officer's |
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arrival on the scene; and |
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(4) the referral information given to the victim under |
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Subsection (b)(3). |
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(d) Emergency medical services personnel providing |
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assistance under Subsection (b) shall conduct a medical evaluation |
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and assessment of the victim. |
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SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.165 to read as follows: |
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Sec. 1701.165. CHECKLIST FOR PEACE OFFICERS RESPONDING TO |
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CALLS INVOLVING ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In |
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this section, "strangulation" has the meaning assigned by Article |
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2.33, Code of Criminal Procedure. |
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(b) The commission shall develop and make available to all |
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law enforcement agencies in this state a checklist to assist peace |
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officers in evaluating an alleged or suspected act of strangulation |
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and providing assistance to the victim of strangulation. |
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SECTION 3. (a) Not later than December 1, 2021, the Texas |
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Commission on Law Enforcement shall develop and make available the |
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checklist required by Section 1701.165, Occupations Code, as added |
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by this Act. |
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(b) A peace officer is not required to comply with Article |
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2.33(b)(2), Code of Criminal Procedure, as added by this Act, until |
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January 1, 2022. |
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SECTION 4. This Act takes effect September 1, 2021. |