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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of force by peace officers and other officer |
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interactions and duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Breonna Taylor and |
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Atatiana Jefferson Safe Use of Force Act. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.33 and 2.34 to read as follows: |
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Art. 2.33. LAW ENFORCEMENT POLICY ON USE OF FORCE AND |
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OFFICER INTERACTIONS. (a) In this article, "law enforcement |
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agency" means an agency of the state or an agency of a political |
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subdivision of the state authorized by law to employ peace |
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officers. |
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(b) Each law enforcement agency shall adopt and implement |
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the model policy developed by the Texas Commission on Law |
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Enforcement under Section 1701.165, Occupations Code. |
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Art. 2.34. DUTIES OF PEACE OFFICER PERFORMING WELFARE |
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CHECK. (a) In this article, "welfare check" means a call for |
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service requesting a peace officer to inquire into the health and |
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safety of a person at the person's residence. |
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(b) On arriving to the residence of a person who is the |
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subject of a welfare check, the peace officer performing the |
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welfare check shall: |
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(1) call the telephone number associated with the |
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residence, the person who is the subject of the requested welfare |
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check, or another person who lives at the residence; and |
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(2) document the result of the call. |
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SECTION 3. 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. MODEL POLICY ON USE OF FORCE AND OTHER |
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OFFICER INTERACTIONS. (a) The commission shall develop and make |
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available to all law enforcement agencies in this state a model |
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policy and associated training materials regarding the use of force |
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by peace officers and other officer interactions. The model policy |
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must: |
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(1) emphasize conflict de-escalation and the use of |
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force in a manner proportionate to the threat posed and to the |
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seriousness of the alleged offense; |
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(2) require a peace officer to intervene if the use of |
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force by another peace officer: |
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(A) violates state or federal law or a policy of |
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any entity served by the other officer; |
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(B) puts any person at risk of bodily injury, |
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unless the officer reasonably believes that the other officer's use |
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of force is immediately necessary to avoid imminent harm to a peace |
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officer or another person; or |
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(C) is not required to apprehend or complete the |
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apprehension of a suspect; |
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(3) require a peace officer to provide aid immediately |
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to any person who needs medical attention, including a person who |
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needs medical attention as a result of the use of force by a peace |
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officer, unless providing the aid puts the officer at risk of bodily |
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injury; |
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(4) prohibit a peace officer from using a choke hold, a |
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carotid artery hold, or any other force against a person in a manner |
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that impedes the normal breathing or circulation of the blood of the |
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person by applying pressure to the person's throat or neck or by |
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blocking the person's nose or mouth, unless the peace officer is |
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engaged in a physical altercation with the person and the use of |
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force is immediately necessary to defend the officer from an |
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imminent threat of bodily injury or death; |
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(5) prohibit a peace officer from discharging a |
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firearm at a moving vehicle, unless: |
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(A) the vehicle is being used as a weapon against |
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the officer or against another person involved in the incident; or |
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(B) an occupant of the vehicle is using or |
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threatening to use deadly force by means other than by means of the |
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vehicle itself against the officer or another person involved in |
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the incident; |
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(6) prohibit the use of deadly force or the use of |
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force to a degree greater than is necessary to protect a person who |
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poses a danger only to the person and not to others, as based on the |
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situation; |
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(7) require the law enforcement agency to provide |
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training to peace officers of the agency on identifying behavior |
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that indicates a person is not a threat to others but is a person |
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with an intellectual disability or experiencing a mental health |
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crisis, a mental illness, or an extreme reaction to a controlled |
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substance; |
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(8) prohibit the use of deadly force that presents a |
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high risk of bodily injury to a bystander against whom the use of |
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force is not justified, unless no lesser degree of force could have |
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eliminated an imminent threat of death or serious bodily injury; |
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(9) require that a peace officer who interacts with a |
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member of the public to make an identification as a peace officer |
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before taking any action within the course and scope of the |
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officer's official duties, unless the identification would render |
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the action impracticable; |
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(10) require that, to the extent practicable, a peace |
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officer issue a warning to a person that force will be used before |
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the officer uses force against the person; |
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(11) prohibit the use of deadly force unless the use of |
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deadly force is immediately necessary to prevent serious bodily |
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injury to or the death of the officer or another; |
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(12) require the law enforcement agency to make |
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available and provide regular training on the use of less lethal |
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weapons to the peace officers of the agency to support the use of |
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de-escalation techniques by the officers, especially for officers |
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who regularly interact with members of the public or who are |
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assigned to duties involving regular interaction with persons with |
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a mental illness or an intellectual disability; and |
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(13) provide guidance on best practices in pursuing a |
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suspect fleeing arrest. |
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(b) In developing the model policy under this section, the |
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commission: |
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(1) shall consult with and solicit input from: |
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(A) the Bill Blackwood Law Enforcement |
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Management Institute of Texas located at Sam Houston State |
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University; |
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(B) the Caruth Police Institute located at the |
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University of North Texas at Dallas; and |
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(C) organizations representing law enforcement |
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administrators, law enforcement officers, prosecutors, criminal |
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defense attorneys, and the public; and |
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(2) may consult with and solicit input from any other |
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interested person the commission determines appropriate. |
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SECTION 4. (a) Not later than January 1, 2022, the Texas |
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Commission on Law Enforcement shall develop and make available the |
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model policy and associated training materials required under |
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Section 1701.165, Occupations Code, as added by this Act. |
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(b) Not later than March 1, 2022, each law enforcement |
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agency in this state shall adopt and implement the model policy |
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required by Article 2.33, Code of Criminal Procedure, as added by |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |