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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties and powers of peace officers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 2.13(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) The officer [shall]: |
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(1) may, if authorized [in every case authorized by |
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the provisions of this Code], interfere without warrant to prevent |
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or suppress crime; |
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(2) shall execute all lawful process issued to the |
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officer by any magistrate or court; |
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(3) shall give notice to some magistrate of all |
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offenses committed within the officer's jurisdiction, if [where] |
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the officer has probable cause [good reason] to believe there has |
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been a violation of the penal law; [and] |
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(4) may, if authorized, arrest offenders without |
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warrant so [in every case where the officer is authorized by law, in |
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order] that they may be taken before the proper magistrate or court |
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and be tried; |
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(5) shall 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; and |
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(6) shall intervene to prevent an action by another |
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peace officer if: |
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(A) the action includes the use of force in an |
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amount that exceeds that which is reasonable under the |
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circumstances; |
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(B) the intervening officer knows or should know |
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that the other officer's action violates department policy or |
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local, state, or federal law; or |
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(C) the action puts a person at risk of bodily |
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injury, as that term is defined by Section 1.07, Penal Code, and is |
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not: |
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(i) immediately necessary to avoid imminent |
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bodily injury to a peace officer or other person; or |
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(ii) required to apprehend a person |
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suspected of committing an offense. |
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SECTION 2. This Act takes effect September 1, 2023. |