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A BILL TO BE ENTITLED
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AN ACT
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relating to law enforcement policies prohibiting a peace officer |
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from using a chemical device against a minor. |
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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. LAW ENFORCEMENT POLICY PROHIBITING USE OF |
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CHEMICAL DEVICE AGAINST MINOR. (a) In this article: |
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(1) "Chemical device" means a device used against a |
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targeted person for the purpose of incapacitating or substantially |
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diminishing the capacity of that person by causing chemical |
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irritation of the eyes, throat, lungs, or skin. The term includes |
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chemical devices commonly known as "pepper spray." |
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(2) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(b) Each law enforcement agency in this state shall adopt a |
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policy prohibiting a peace officer of the agency from using a |
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chemical device against a person younger than 18 years of age. |
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SECTION 2. Not later than January 1, 2022, each law |
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enforcement agency in this state shall adopt the policy required by |
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Article 2.33, Code of Criminal Procedure, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |