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A BILL TO BE ENTITLED
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AN ACT
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relating to a law enforcement agency policy regarding the discharge |
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of a firearm by a peace officer at or in the direction of a moving |
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vehicle. |
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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 2.1398 to read as follows: |
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Art. 2.1398. LAW ENFORCEMENT POLICY ON DISCHARGE OF FIREARM |
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AT MOVING VEHICLE. (a) In this article, "law enforcement agency" |
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means an agency of the state or an agency of a political subdivision |
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of the state authorized by law to employ peace officers. |
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(b) Each law enforcement agency shall adopt a policy |
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regarding a peace officer discharging a firearm at or in the |
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direction of a moving vehicle. |
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(c) A policy adopted under this article must prohibit a |
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peace officer from discharging a firearm at or in the direction of a |
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moving vehicle unless the peace officer discharges the firearm only |
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when and to the degree the officer reasonably believes is |
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immediately necessary to protect the officer or another person from |
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the use of unlawful deadly force by an occupant of the vehicle by |
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means other than by using the moving vehicle to strike any person. |
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SECTION 2. Each law enforcement agency in this state shall |
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adopt the policy required by Article 2.1398, Code of Criminal |
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Procedure, as added by this Act, as soon as practicable after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |