88R1116 JCG-F
 
  By: Thompson of Harris H.B. No. 415
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the duty of a peace officer to request and render aid
  for an injured person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 2.33, Code of Criminal Procedure, as
  added by Chapter 979 (S.B. 2212), Acts of the 87th Legislature,
  Regular Session, 2021, is redesignated as Article 2.35, Code of
  Criminal Procedure, and amended to read as follows:
         Art. 2.35  [2.33].  DUTY TO REQUEST AND RENDER AID. (a)
  Except as provided by Subsection (b), a peace officer who
  encounters an injured person while discharging the officer's
  official duties shall immediately and as necessary:
               (1)  request emergency medical services personnel to
  provide the person with emergency medical services; and
               (2)  while waiting for emergency medical services
  personnel to arrive, provide first aid or treatment to the person to
  the extent of the officer's skill and training.
         (b)  The peace officer is not required to request emergency
  medical services or provide first aid or treatment under Subsection
  (a) if:
               (1)  making the request or providing the treatment
  would expose the officer or another person to a likely risk of
  serious bodily injury; or
               (2)  the officer is injured and physically unable to
  make the request or provide the treatment.
         SECTION 2.  Section 1701.2551(b), Occupations Code, is
  amended to read as follows:
         (b)  The basic peace officer training course must include
  training on:
               (1)  the prohibition against the intentional use of a
  choke hold, carotid artery hold, or similar neck restraint by a
  peace officer in searching or arresting a person, unless the
  officer reasonably believes the restraint is necessary to prevent
  serious bodily injury to or the death of the peace officer or
  another person;
               (2)  the duty of a peace officer to intervene to stop or
  prevent another peace officer from using force against a person
  suspected of committing an offense if:
                     (A)  the amount of force exceeds that which is
  reasonable under the circumstances; and
                     (B)  the officer knows or should know that the
  other officer's use of force:
                           (i)  violates state or federal law;
                           (ii)  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
                           (iii)  is not required to apprehend the
  person suspected of committing an offense; and
               (3)  the duty of a peace officer [who encounters an
  injured person while discharging the officer's official duties] to
  [immediately and as necessary] request [emergency medical services
  personnel to provide the person with emergency medical services]
  and render [, while waiting for emergency medical services
  personnel to arrive, provide first] aid for an injured [or
  treatment to the] person as prescribed by Article 2.35, Code of
  Criminal Procedure [to the extent of the officer's skills and
  training, unless the request for emergency medical services
  personnel or the provision of first aid or treatment would expose
  the officer or another person to a risk of bodily injury or the
  officer is injured and physically unable to make the request or
  provide the treatment].
         SECTION 3.  Section 1701.269(b), Occupations Code, as added
  by Chapter 722 (H.B. 3712), Acts of the 87th Legislature, Regular
  Session, 2021, is amended to read as follows:
         (b)  The model training curriculum and model policies
  developed under Subsection (a) must include:
               (1)  curriculum and policies for banning the use of a
  choke hold, carotid artery hold, or similar neck restraint by a
  peace officer in searching or arresting a person, unless the
  officer reasonably believes the restraint is necessary to prevent
  serious bodily injury to or the death of the peace officer or
  another person;
               (2)  curriculum and policies regarding the duty of a
  peace officer to intervene to stop or prevent another peace officer
  from using force against a person suspected of committing an
  offense if:
                     (A)  the amount of force exceeds that which is
  reasonable under the circumstances; and
                     (B)  the officer knows or should know that the
  other officer's use of force:
                           (i)  violates state or federal law;
                           (ii)  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
                           (iii)  is not required to apprehend the
  person suspected of committing an offense; and
               (3)  curriculum and policies regarding the duty of a
  peace officer [who encounters an injured person while discharging
  the officer's official duties] to [immediately and as necessary]
  request [emergency medical services personnel to provide the person
  with emergency medical services] and render [, while waiting for
  emergency medical services personnel to arrive, provide first] aid
  for an injured [or treatment to the] person as prescribed by Article
  2.35, Code of Criminal Procedure [to the extent of the officer's
  skills and training, unless the request for emergency medical
  services personnel or the provision of first aid or treatment would
  expose the officer or another person to a risk of bodily injury or
  the officer is injured and physically unable to make the request or
  provide the treatment].
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  This Act takes effect September 1, 2023.