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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 certain other |
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persons to make an arrest or search or prevent an escape from |
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custody. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 9.51(a), (b), (c), and (d), Penal Code, |
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are amended to read as follows: |
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(a) A peace officer, or a person acting in a peace officer's |
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presence and at his direction, is justified in using force against |
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another when and to the degree [the actor reasonably believes] the |
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force is objectively reasonable and immediately necessary to make |
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or assist in making an arrest or search, or to prevent or assist in |
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preventing escape after arrest, if: |
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(1) the actor reasonably believes the arrest or search |
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is lawful or, if the arrest or search is made under a warrant, he |
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reasonably believes the warrant is valid; and |
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(2) before using force, the actor manifests his |
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purpose to arrest or search and identifies himself as a peace |
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officer or as one acting at a peace officer's direction, unless he |
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reasonably believes his purpose and identity are already known by |
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or cannot reasonably be made known to the person to be arrested. |
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(b) A person other than a peace officer (or one acting at his |
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direction) is justified in using force against another when and to |
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the degree [the actor reasonably believes] the force is objectively |
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reasonable and immediately necessary to make or assist in making a |
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lawful arrest, or to prevent or assist in preventing escape after |
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lawful arrest if, before using force, the actor manifests his |
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purpose to and the reason for the arrest or reasonably believes his |
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purpose and the reason are already known by or cannot reasonably be |
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made known to the person to be arrested. |
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(c) A peace officer is justified in using deadly force |
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against another when and to the degree [the peace officer |
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reasonably believes] the deadly force is objectively reasonable and |
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immediately necessary to make an arrest, or to prevent escape after |
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arrest, if the use of force would have been justified under |
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Subsection (a) and: |
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(1) the actor reasonably believes the conduct for |
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which arrest is authorized included the use or attempted use of |
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deadly force; or |
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(2) the actor reasonably believes there is a |
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substantial risk that the person to be arrested will cause death or |
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serious bodily injury to the actor or another if the arrest is |
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delayed. |
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(d) A person other than a peace officer acting in a peace |
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officer's presence and at his direction is justified in using |
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deadly force against another when and to the degree [the person |
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reasonably believes] the deadly force is objectively reasonable and |
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immediately necessary to make a lawful arrest, or to prevent escape |
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after a lawful arrest, if the use of force would have been justified |
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under Subsection (b) and: |
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(1) the actor reasonably believes the felony or |
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offense against the public peace for which arrest is authorized |
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included the use or attempted use of deadly force; or |
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(2) the actor reasonably believes there is a |
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substantial risk that the person to be arrested will cause death or |
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serious bodily injury to another if the arrest is delayed. |
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SECTION 2. Section 9.52, Penal Code, is amended to read as |
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follows: |
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Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of |
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force to prevent the escape of an arrested person from custody is |
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justifiable when the force could have been employed to effect the |
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arrest under which the person is in custody, except that a guard |
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employed by a correctional facility or a peace officer is justified |
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in using any force, including deadly force, that is objectively |
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reasonable and [he reasonably believes to be] immediately necessary |
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to prevent the escape of a person from the correctional facility. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |