|
|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to law enforcement misconduct and law enforcement |
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interactions with certain detained or arrested individuals and |
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other members of the public, to public entity liability for those |
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interactions, and to the confinement, conviction, or release of |
|
detained or arrested individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. This Act shall be known as the George Floyd Act. |
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SECTION 2. Title 5, Civil Practice and Remedies Code, is |
|
amended by adding Chapter 117 to read as follows: |
|
CHAPTER 117. PUBLIC ENTITY LIABILITY FOR DEPRIVATION OF CERTAIN |
|
RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW |
|
Sec. 117.001. DEFINITIONS. In this chapter: |
|
(1) "Peace officer" has the meaning assigned by |
|
Article 2.12, Code of Criminal Procedure. |
|
(2) "Public entity" means: |
|
(A) this state; |
|
(B) a political subdivision of this state, |
|
including a municipality or county; and |
|
(C) any other governmental agency whose |
|
authority is derived from the laws or constitution of this state. |
|
(3) "Respondeat superior" means the common-law |
|
doctrine under which an employer is liable for the wrongful acts of |
|
the employer's employee or agent. |
|
Sec. 117.002. PUBLIC ENTITY RESPONSIBILITY. (a) For |
|
purposes of this chapter: |
|
(1) a public entity is a principal responsible for the |
|
wrongful acts or omissions of the entity's peace officers; |
|
(2) a peace officer is an agent of the public entity |
|
that employs the officer; and |
|
(3) a public entity is legally responsible for a |
|
wrongful act or omission of the entity's peace officer if the act or |
|
omission occurs under the color of law. |
|
(b) This chapter constitutes acceptance by a public entity |
|
employing a peace officer of responsibility under respondeat |
|
superior for the officer's conduct under the color of law, |
|
regardless of whether the officer acted in accordance with a policy |
|
or custom of the entity. |
|
Sec. 117.003. DEPRIVATION OF RIGHTS, PRIVILEGES, OR |
|
IMMUNITIES UNDER COLOR OF LAW. (a) An individual may bring an |
|
action for any appropriate relief, including legal or equitable |
|
relief, in a court of this state against a public entity on the |
|
basis that a peace officer under the entity's employment, by an act |
|
or omission under the color of law, deprived the individual of or |
|
caused the individual to be deprived of a right, privilege, or |
|
immunity under the laws or constitution of this state or the United |
|
States. |
|
(b) A claimant may recover in an action brought under this |
|
chapter damages resulting from an injury arising from a deprivation |
|
described by Subsection (a). |
|
(c) A claimant must bring an action under this chapter not |
|
later than two years after the day the cause of action accrues. |
|
(d) A claimant bringing an action under this chapter bears |
|
the burden of proving a deprivation of a right, privilege, or |
|
immunity under the laws or constitution of this state or the United |
|
States by a preponderance of the evidence. |
|
Sec. 117.004. APPLICABILITY OF OTHER LAW. Notwithstanding |
|
any other law, a statutory immunity or limitation on liability, |
|
damages, or attorney's fees does not apply to an action brought |
|
under this chapter. |
|
Sec. 117.005. PROHIBITED DEFENSES. A defendant in an |
|
action brought under this chapter may not assert as a defense or |
|
basis for immunity that: |
|
(1) the right, privilege, or immunity under the laws |
|
or constitution of this state or the United States was not clearly |
|
established at the time of the deprivation by the peace officer; |
|
(2) based on the state of the law at the time, the |
|
peace officer could not have been expected, reasonably or |
|
otherwise, to know whether the officer's conduct was lawful; or |
|
(3) the peace officer acted in good faith or believed, |
|
reasonably or otherwise, that the officer's conduct was lawful at |
|
the time it was committed. |
|
Sec. 117.006. JURISDICTION IN STATE COURT. (a) An action |
|
under this chapter arises from the laws of this state. |
|
(b) Jurisdiction over an action brought under this chapter |
|
is in the judicial system of this state under the laws of this |
|
state, including the Texas Rules of Civil Procedure. |
|
Sec. 117.007. JUDGMENT. (a) A judgment for an action |
|
brought under this chapter must be supported by findings of fact and |
|
conclusions of law. |
|
(b) A peace officer may not be found financially liable in |
|
an action brought under this chapter for a deprivation of a right, |
|
privilege, or immunity under the laws or constitution of this state |
|
or the United States. |
|
Sec. 117.008. ATTORNEY'S FEES AND COSTS. (a) In an action |
|
brought under this chapter, a court shall award reasonable |
|
attorney's fees and costs to a prevailing claimant. |
|
(b) Reasonable attorney's fees include fees incurred on an |
|
hourly or contingency basis or by an attorney providing legal |
|
services on a pro bono basis. |
|
(c) For purposes of this section, a claimant prevails if the |
|
claimant obtains any relief the claimant seeks in the claimant's |
|
petition, whether the relief is obtained by judgment, settlement, |
|
or the public entity's voluntary change in behavior. |
|
(d) In an action brought under this chapter, if a judgment |
|
is entered in favor of a defendant, the court may award reasonable |
|
attorney's fees and costs to the defendant only for defending |
|
claims the court finds frivolous. |
|
Sec. 117.009. JOINT AND SEVERAL LIABILITY. A defendant who |
|
is found liable in an action brought under this chapter is jointly |
|
and severally liable for damages, attorney's fees, and costs |
|
awarded by the court. |
|
Sec. 117.010. TERMINATION OF CONTRACT, AGREEMENT, OR |
|
EMPLOYMENT. (a) Notwithstanding any other law, contract, or |
|
agreement, a public entity may terminate a contract or agreement |
|
with or the employment of a peace officer if the court finds in an |
|
action brought under this chapter that the officer deprived a |
|
claimant of a right, privilege, or immunity under the laws or |
|
constitution of this state or the United States. |
|
(b) A public entity's termination of a contract or agreement |
|
with or the employment of a peace officer does not affect the |
|
entity's liability in an action brought under this chapter. |
|
Sec. 117.011. PUBLIC DISCLOSURE. All petitions, judgments, |
|
settlements, and consent decrees related to an action brought under |
|
this chapter are public information subject to disclosure under |
|
Chapter 552, Government Code. |
|
Sec. 117.012. WAIVER OF SOVEREIGN OR GOVERNMENTAL IMMUNITY. |
|
Sovereign or governmental immunity to suit and from liability is |
|
waived to the extent of liability created by this chapter. |
|
SECTION 3. Article 2.13(b), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(b) The officer [shall]: |
|
(1) may, if authorized [in every case authorized by |
|
the provisions of this Code], interfere without warrant to prevent |
|
or suppress crime; |
|
(2) shall execute all lawful process issued to the |
|
officer by any magistrate or court; |
|
(3) shall give notice to some magistrate of all |
|
offenses committed within the officer's jurisdiction, if [where] |
|
the officer has probable cause [good reason] to believe there has |
|
been a violation of the penal law; [and] |
|
(4) may, if authorized, arrest offenders without |
|
warrant so [in every case where the officer is authorized by law, in |
|
order] that they may be taken before the proper magistrate or court |
|
and be tried; |
|
(5) shall make an identification as a peace officer |
|
before taking any action within the course and scope of the |
|
officer's official duties unless the identification would render |
|
the action impracticable; and |
|
(6) shall intervene to prevent an action by another |
|
peace officer if: |
|
(A) the action includes the use of force in an |
|
amount that exceeds that which is reasonable under the |
|
circumstances; |
|
(B) the intervening officer knows or should know |
|
that the other officer's action violates department policy or |
|
local, state, or federal law; or |
|
(C) the action puts a person at risk of bodily |
|
injury, as that term is defined by Section 1.07, Penal Code, and is |
|
not: |
|
(i) immediately necessary to avoid imminent |
|
bodily injury to a peace officer or other person; or |
|
(ii) required to apprehend a person |
|
suspected of committing an offense. |
|
SECTION 4. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Articles 2.1309 and 2.36 to read as follows: |
|
Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article, |
|
"law enforcement agency" means an agency of the state or an agency |
|
of a political subdivision of the state authorized by law to employ |
|
peace officers. |
|
(b) Texas Southern University, in consultation with law |
|
enforcement agencies, law enforcement associations, law |
|
enforcement training experts, and community organizations engaged |
|
in the development of law enforcement policy, shall publish a |
|
written model policy regarding the issuance of citations for |
|
misdemeanor offenses, including traffic offenses, that are |
|
punishable by fine only. The policy must provide a procedure for a |
|
peace officer, on a person's presentation of appropriate |
|
identification, to verify the person's identity and issue a |
|
citation to the person. The policy must comply with Articles 14.01, |
|
14.03, and 14.06 of this code and Sections 543.001 and 543.004, |
|
Transportation Code. |
|
(c) Each law enforcement agency shall adopt a written policy |
|
regarding the issuance of citations for misdemeanor offenses, |
|
including traffic offenses, that are punishable by fine only. The |
|
policy must meet the requirements for the model policy described by |
|
Subsection (b). A law enforcement agency may adopt the model policy |
|
published by Texas Southern University under Subsection (b). |
|
Art. 2.36. POLICY ON DE-ESCALATION AND PROPORTIONATE |
|
RESPONSE. (a) In this article, "law enforcement agency" means an |
|
agency of the state or an agency of a political subdivision of the |
|
state authorized by law to employ peace officers. |
|
(b) Texas Southern University shall develop and make |
|
available to all law enforcement agencies in this state a model |
|
policy and associated training materials regarding the use of force |
|
by peace officers. The model policy must be: |
|
(1) designed to minimize the number and severity of |
|
incidents in which peace officers use force; and |
|
(2) consistent with the requirements of Subsection (e) |
|
and the guiding principles on the use of force issued by the Police |
|
Executive Research Forum. |
|
(c) In developing a model policy under this section, Texas |
|
Southern University shall consult with: |
|
(1) law enforcement agencies and organizations, |
|
including the Police Executive Research Forum and other national |
|
experts on police management and training; and |
|
(2) community organizations. |
|
(d) On request of a law enforcement agency, Texas Southern |
|
University shall provide the agency with training regarding the |
|
policy developed under Subsection (b). |
|
(e) Each law enforcement agency shall adopt a detailed |
|
written policy regarding the use of force by peace officers. The |
|
policy must: |
|
(1) emphasize conflict de-escalation and the use of |
|
force in a manner proportionate to the threat posed and to the |
|
seriousness of the alleged offense; |
|
(2) mandate that deadly force is only to be used by |
|
peace officers as a last resort; and |
|
(3) affirm the sanctity of human life and the |
|
importance of treating all persons with dignity and respect. |
|
(f) A law enforcement agency may adopt the model policy |
|
developed by Texas Southern University under Subsection (b) or may |
|
adopt its own policy. |
|
SECTION 5. Article 2.33, Code of Criminal Procedure, as |
|
added by Chapter 534 (S.B. 69), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Article 2.34, Code of |
|
Criminal Procedure, and amended to read as follows: |
|
Art. 2.34 [2.33]. USE OF NECK RESTRAINTS DURING SEARCH OR |
|
ARREST PROHIBITED. A peace officer may not intentionally use a |
|
choke hold, carotid artery hold, or similar neck restraint in |
|
searching or arresting a person unless: |
|
(1) the restraint is necessary to prevent serious |
|
bodily injury to or the death of the officer or another person; and |
|
(2) the officer discontinues the restraint as soon as |
|
the threat of serious bodily injury or death described by |
|
Subdivision (1) has passed. |
|
SECTION 6. 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 7. Article 14.01, Code of Criminal Procedure, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsection (a) or (b), a peace officer |
|
or any other person may not, without a warrant, arrest an offender |
|
for a misdemeanor punishable by fine only, other than an offense |
|
under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, |
|
Penal Code. |
|
SECTION 8. Article 14.03, Code of Criminal Procedure, is |
|
amended by adding Subsection (i) to read as follows: |
|
(i) Notwithstanding Subsection (a), (d), or (g), a peace |
|
officer may not, without a warrant, arrest a person who only commits |
|
one or more offenses punishable by fine only, other than an offense |
|
under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02, |
|
Penal Code. |
|
SECTION 9. Article 14.06, Code of Criminal Procedure, is |
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
read as follows: |
|
(b) A peace officer who is charging a person, including a |
|
child, with committing an offense that is a [Class C] misdemeanor |
|
punishable by fine only, other than an offense under Section 49.02, |
|
Penal Code, shall [may], instead of taking the person before a |
|
magistrate, issue a citation to the person that contains: |
|
(1) written notice of the time and place the person |
|
must appear before a magistrate; |
|
(2) the name and address of the person charged; |
|
(3) the offense charged; |
|
(4) information regarding the alternatives to the full |
|
payment of any fine or costs assessed against the person, if the |
|
person is convicted of the offense and is unable to pay that amount; |
|
and |
|
(5) the following admonishment, in boldfaced or |
|
underlined type or in capital letters: |
|
"If you are convicted of a misdemeanor offense involving |
|
violence where you are or were a spouse, intimate partner, parent, |
|
or guardian of the victim or are or were involved in another, |
|
similar relationship with the victim, it may be unlawful for you to |
|
possess or purchase a firearm, including a handgun or long gun, or |
|
ammunition, pursuant to federal law under 18 U.S.C. Section |
|
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any |
|
questions whether these laws make it illegal for you to possess or |
|
purchase a firearm, you should consult an attorney." |
|
(b-1) Notwithstanding Subsection (b), a peace officer who |
|
is charging a person, including a child, with committing an offense |
|
that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code, |
|
punishable by fine only may, instead of taking the person before a |
|
magistrate, issue a citation to the person that contains all of the |
|
information required for a citation issued under Subsection (b). |
|
SECTION 10. Article 38.141, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY |
|
RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE |
|
OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be |
|
convicted of an offense under Chapter 481, Health and Safety Code, |
|
on the testimony of a person who is [not a licensed peace officer or |
|
a special investigator but who is] acting covertly on behalf of a |
|
law enforcement agency or under the color of law enforcement unless |
|
the testimony is corroborated by other evidence tending to connect |
|
the defendant with the offense committed. |
|
(b) Corroboration is not sufficient for the purposes of this |
|
article if the corroboration only shows the commission of the |
|
offense. |
|
[(c) In this article, "peace officer" means a person listed |
|
in Article 2.12, and "special investigator" means a person listed |
|
in Article 2.122.] |
|
SECTION 11. Subchapter B, Chapter 142, Local Government |
|
Code, is amended by adding Section 142.0605 to read as follows: |
|
Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A |
|
public employer shall implement a progressive disciplinary matrix, |
|
as described by Section 143.0511, for municipal police officers if |
|
the municipality has not adopted Chapter 143. |
|
(b) The public employer shall adopt rules necessary to |
|
implement the progressive disciplinary matrix. |
|
SECTION 12. Section 142.067, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS. |
|
(a) Except as provided by Subsection (b), a [A] written meet and |
|
confer agreement ratified under this subchapter preempts, during |
|
the term of the agreement and to the extent of any conflict, all |
|
contrary state statutes, local ordinances, executive orders, civil |
|
service provisions, or rules adopted by the head of the law |
|
enforcement agency or municipality or by a division or agent of the |
|
municipality, such as a personnel board or a civil service |
|
commission. |
|
(b) An agreement under this subchapter: |
|
(1) must implement the progressive disciplinary |
|
matrix established under Section 142.0605 or 143.0511; and |
|
(2) may not conflict with and does not supersede a |
|
statute, ordinance, order, civil service provision, or rule |
|
concerning the disciplinary actions that may be imposed on a police |
|
officer under the progressive disciplinary matrix. |
|
SECTION 13. Section 143.003, Local Government Code, is |
|
amended by adding Subdivision (6) to read as follows: |
|
(6) "Progressive disciplinary matrix" means a formal |
|
schedule for disciplinary actions that may be taken against a |
|
police officer as described by Section 143.0511. |
|
SECTION 14. Section 143.008, Local Government Code, is |
|
amended by amending Subsection (c) and adding Subsection (c-1) to |
|
read as follows: |
|
(c) The commission shall adopt rules that prescribe cause |
|
for removal or suspension of a fire fighter [or police officer]. The |
|
rules must comply with the grounds for removal prescribed by |
|
Section 143.051. |
|
(c-1) The commission shall adopt rules that prescribe the |
|
disciplinary actions that may be taken against a police officer |
|
under a progressive disciplinary matrix. |
|
SECTION 15. Subchapter D, Chapter 143, Local Government |
|
Code, is amended by adding Section 143.0511 to read as follows: |
|
Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The |
|
commission shall implement a progressive disciplinary matrix for |
|
infractions committed by police officers that consists of a range |
|
of progressive disciplinary actions applied in a standardized way |
|
based on the nature of the infraction and the officer's prior |
|
conduct record, including removal, suspension, change of duty or |
|
assignment, demotion, deduction of points from a promotional |
|
examination grade, retraining, a written warning, or a written |
|
reprimand. |
|
(b) The progressive disciplinary matrix must include: |
|
(1) standards for disciplinary actions relating to the |
|
use of force against another person, including the failure to |
|
de-escalate force incidents in accordance with departmental |
|
policy; |
|
(2) standards for evaluating the level of discipline |
|
appropriate for uncommon infractions; and |
|
(3) presumptive actions to be taken for each type of |
|
infraction and any adjustment to be made based on a police officer's |
|
previous disciplinary record. |
|
SECTION 16. Section 143.057, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) In addition to the other notice requirements prescribed |
|
by this chapter, the written notice for a promotional bypass or the |
|
letter of disciplinary action, as applicable, issued to a fire |
|
fighter or police officer must state that in an appeal of an |
|
indefinite suspension, a suspension, a promotional bypass, [or] a |
|
recommended demotion, or, if issued to a police officer, any other |
|
disciplinary sanction, the appealing fire fighter or police officer |
|
may elect to appeal to an independent third party hearing examiner |
|
instead of to the commission. The letter must also state that if the |
|
fire fighter or police officer elects to appeal to a hearing |
|
examiner, the person waives all rights to appeal to a district court |
|
except as provided by Subsection (j). |
|
(b-1) A hearing examiner must presume a disciplinary action |
|
applied to a police officer under a progressive disciplinary matrix |
|
is reasonable unless the facts indicate that the department |
|
inappropriately applied a category of offense to the particular |
|
violation. |
|
SECTION 17. Section 143.307, Local Government Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(d) to read as follows: |
|
(a) Except as provided by Subsection (d), an [An] agreement |
|
under this subchapter supersedes a previous statute concerning |
|
wages, salaries, rates of pay, hours of work, or other terms and |
|
conditions of employment to the extent of any conflict with the |
|
statute. |
|
(b) Except as provided by Subsection (d), an [An] agreement |
|
under this subchapter preempts any contrary statute, executive |
|
order, local ordinance, or rule adopted by the state or a political |
|
subdivision or agent of the state, including a personnel board, a |
|
civil service commission, or a home-rule municipality. |
|
(d) An agreement under this subchapter affecting police |
|
officers: |
|
(1) must implement the progressive disciplinary |
|
matrix established under Section 143.0511; and |
|
(2) may not conflict with and does not supersede a |
|
statute, order, ordinance, or rule concerning the disciplinary |
|
actions that may be imposed on a police officer under the |
|
progressive disciplinary matrix. |
|
SECTION 18. Section 143.361, Local Government Code, is |
|
amended by amending Subsections (a) and (b) and adding Subsection |
|
(d) to read as follows: |
|
(a) Except as provided by Subsection (d), a [A] written |
|
agreement ratified under this subchapter between a public employer |
|
and the bargaining agent supersedes a previous statute concerning |
|
wages, salaries, rates of pay, hours of work, and other terms of |
|
employment other than pension benefits to the extent of any |
|
conflict with the previous statute. |
|
(b) Except as provided by Subsection (d), a [A] written |
|
agreement ratified under this subchapter preempts all contrary |
|
local ordinances, executive orders, legislation, or rules adopted |
|
by the state or a political subdivision or agent of the state, such |
|
as a personnel board, a civil service commission, or a home-rule |
|
municipality. |
|
(d) An agreement under this subchapter affecting police |
|
officers: |
|
(1) must implement the progressive disciplinary |
|
matrix established under Section 143.0511; and |
|
(2) may not conflict with and does not supersede an |
|
ordinance, order, statute, or rule concerning the disciplinary |
|
actions that may be imposed on a police officer under the |
|
progressive disciplinary matrix. |
|
SECTION 19. Section 174.005, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as |
|
provided by Subsection (b), this [This] chapter preempts all |
|
contrary local ordinances, executive orders, legislation, or rules |
|
adopted by the state or by a political subdivision or agent of the |
|
state, including a personnel board, civil service commission, or |
|
home-rule municipality. |
|
(b) An agreement under this chapter may not conflict with an |
|
ordinance, order, statute, or rule concerning the disciplinary |
|
actions that may be imposed on municipal police officers under a |
|
progressive disciplinary matrix implemented by the municipal |
|
public employer. |
|
SECTION 20. Section 174.006, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) Except as provided by Subsection (a-1), a [A] state or |
|
local civil service provision prevails over a collective bargaining |
|
contract under this chapter unless the collective bargaining |
|
contract specifically provides otherwise. |
|
(a-1) A collective bargaining contract affecting municipal |
|
police officers may not conflict with a state or local civil service |
|
provision implementing a progressive disciplinary matrix under |
|
this chapter or other law. |
|
SECTION 21. Subchapter B, Chapter 174, Local Government |
|
Code, is amended by adding Section 174.024 to read as follows: |
|
Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN |
|
POLICE OFFICERS. (a) A municipal public employer shall implement a |
|
progressive disciplinary matrix, as described by Section 143.0511, |
|
for municipal police officers if the municipality has not adopted |
|
Chapter 143. |
|
(b) The municipal public employer shall adopt rules |
|
necessary to implement the progressive disciplinary matrix. |
|
SECTION 22. 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 during a |
|
search or arrest by a peace officer as prescribed by Article 2.34, |
|
Code of Criminal Procedure [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 23. 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 curriculum and policies |
|
regarding: |
|
(1) the prohibition against the intentional |
|
[curriculum and policies for banning the] use of a choke hold, |
|
carotid artery hold, or similar neck restraint during a search or |
|
arrest by a peace officer as prescribed by Article 2.34, Code of |
|
Criminal Procedure [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 24. Sections 9.51(a), (b), (c), and (d), Penal |
|
Code, are amended to read as follows: |
|
(a) A peace officer, or a person acting in a peace officer's |
|
presence and at the officer's [his] direction, is justified in |
|
using nonlethal force against another when and to the degree [the |
|
actor reasonably believes] the force is immediately necessary to |
|
make or assist in making an arrest or search, or to prevent or |
|
assist in preventing escape after arrest, if: |
|
(1) the actor reasonably believes the arrest or search |
|
is lawful or, if the arrest or search is made under a warrant, the |
|
actor [he] reasonably believes the warrant is valid; [and] |
|
(2) before using force, the actor: |
|
(A) manifests the actor's [his] purpose to arrest |
|
or search and identifies the actor [himself] as a peace officer or |
|
as a person [one] acting at a peace officer's direction, unless the |
|
actor [he] reasonably believes the actor's [his] purpose and |
|
identity are already known by or cannot reasonably be made known to |
|
the person for whom the arrest or search is authorized; |
|
(B) attempts to de-escalate the situation; and |
|
(C) issues a warning that force will be used; |
|
(3) the force used is proportionate to the threat |
|
posed and to the seriousness of the alleged offense; |
|
(4) the actor immediately terminates the use of force |
|
the moment the person against whom force is used becomes compliant |
|
or is subdued; and |
|
(5) the use of force does not present a serious risk of |
|
injury to any person other than the actor or the person against whom |
|
the force is used [to be arrested]. |
|
(b) A person who is not [other than] a peace officer [(] or |
|
[one] acting at a peace officer's [his] direction [)] is justified |
|
in using nonlethal force against another when and to the degree [the |
|
actor reasonably believes] the force is immediately necessary to |
|
make or assist in making a lawful arrest, or to prevent or assist in |
|
preventing escape after lawful arrest if: |
|
(1) [,] before using force, the actor: |
|
(A) manifests the actor's [his] purpose to arrest |
|
and the reason for the arrest or reasonably believes the actor's |
|
[his] purpose and the reason are already known by or cannot |
|
reasonably be made known to the person for whom arrest is |
|
authorized; |
|
(B) attempts to de-escalate the situation; and |
|
(C) issues a warning that force will be used; |
|
(2) the force used is proportionate to the threat |
|
posed and to the seriousness of the alleged offense; |
|
(3) the actor immediately terminates the use of force |
|
the moment the person against whom force is used becomes compliant |
|
or is subdued; and |
|
(4) the use of force does not present a serious risk of |
|
injury to any person other than the actor or the person against whom |
|
the force is used [to be arrested]. |
|
(c) A peace officer is only justified in using deadly force |
|
against another when and to the degree [the peace officer |
|
reasonably believes] the deadly force is immediately necessary to |
|
make an arrest, or to prevent escape after arrest, if the use of |
|
force would have been justified under Subsection (a) and: |
|
(1) [the actor reasonably believes the conduct for |
|
which arrest is authorized included the use or attempted use of |
|
deadly force; or |
|
[(2) the actor reasonably believes there is a |
|
substantial risk that] the person for whom arrest is authorized |
|
poses an imminent threat of [to be arrested will cause] death or |
|
serious bodily injury to the actor or another; |
|
(2) the deadly force is used only against the person |
|
for whom arrest is authorized; |
|
(3) the actor immediately terminates the use of deadly |
|
force the moment the imminent threat of death or serious bodily |
|
injury is eliminated; and |
|
(4) no lesser degree of force could have eliminated |
|
the imminent threat of death or serious bodily injury [if the arrest |
|
is delayed]. |
|
(d) A person who is not [other than] a peace officer but is |
|
acting in a peace officer's presence and at the officer's [his] |
|
direction is justified in using deadly force against another when |
|
and to the degree [the person reasonably believes] the deadly force |
|
is immediately necessary to make a lawful arrest, or to prevent |
|
escape after a lawful arrest, if the use of force would have been |
|
justified under Subsection (b) and: |
|
(1) [the actor reasonably believes the felony or |
|
offense against the public peace for which arrest is authorized |
|
included the use or attempted use of deadly force; or |
|
[(2) the actor reasonably believes there is a |
|
substantial risk that] the person for whom arrest is authorized |
|
poses an imminent threat of [to be arrested will cause] death or |
|
serious bodily injury to another; |
|
(2) the deadly force is used only against the person |
|
for whom arrest is authorized; |
|
(3) the actor immediately terminates the use of deadly |
|
force the moment the imminent threat of death or serious bodily |
|
injury is eliminated; and |
|
(4) no lesser degree of force could have eliminated |
|
the imminent threat of death or serious bodily injury [if the arrest |
|
is delayed]. |
|
SECTION 25. Subchapter E, Chapter 9, Penal Code, is amended |
|
by adding Section 9.515 to read as follows: |
|
Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any |
|
other law, the use of force or deadly force against a person is not |
|
justified under Section 9.51 if the force or deadly force is used in |
|
a manner that impedes the normal breathing or circulation of the |
|
blood of the person by applying pressure to the person's throat or |
|
neck or by blocking the person's nose or mouth. |
|
SECTION 26. Section 543.001, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace |
|
officer may arrest without warrant a person found committing a |
|
violation of this subtitle, other than a person found only |
|
committing one or more misdemeanors punishable by fine only. |
|
SECTION 27. Section 543.004(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) An officer shall issue a written notice to appear if: |
|
(1) the offense charged is a misdemeanor under this |
|
subtitle that is punishable by fine only[: |
|
[(A) speeding; |
|
[(B) the use of a wireless communication device |
|
under Section 545.4251; or |
|
[(C) a violation of the open container law, |
|
Section 49.031, Penal Code]; and |
|
(2) the person makes a written promise to appear in |
|
court as provided by Section 543.005. |
|
SECTION 28. Section 9.51(e), Penal Code, is repealed. |
|
SECTION 29. Chapter 117, Civil Practice and Remedies Code, |
|
as added by this Act, applies only to a cause of action that accrues |
|
on or after the effective date of this Act. |
|
SECTION 30. (a) Not later than January 1, 2024, Texas |
|
Southern University shall publish the model policies required by |
|
Articles 2.1309(b) and 2.36(b), Code of Criminal Procedure, as |
|
added by this Act. |
|
(b) Not later than March 1, 2024, each law enforcement |
|
agency in this state shall adopt the policies required by Articles |
|
2.1309(c) and 2.36(e), Code of Criminal Procedure, as added by this |
|
Act. |
|
SECTION 31. Articles 14.01, 14.03, and 14.06, Code of |
|
Criminal Procedure, as amended by this Act, Section 9.515, Penal |
|
Code, as added by this Act, and Sections 543.001 and 543.004, |
|
Transportation Code, as amended by this Act, apply only to an |
|
offense committed on or after the effective date of this Act. An |
|
offense committed before the effective date of this Act is governed |
|
by the law in effect on the date the offense was committed, and the |
|
former law is continued in effect for that purpose. For purposes of |
|
this section, an offense was committed before the effective date of |
|
this Act if any element of the offense occurred before that date. |
|
SECTION 32. Article 38.141, Code of Criminal Procedure, as |
|
amended by this Act, applies to any case in which a judgment is |
|
entered on or after the effective date of this Act. A case in which |
|
a judgment is entered before the effective date of this Act is |
|
governed by the law in effect on the date the judgment was entered, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 33. The changes in law made by this Act to the Local |
|
Government Code apply only to a disciplinary action for conduct |
|
that occurs on or after March 1, 2024. Conduct that occurs before |
|
that date is governed by the law in effect immediately before that |
|
date, and the former law is continued in effect for that purpose. |
|
SECTION 34. Sections 142.067(b), 143.307(d), 143.361(d), |
|
174.005(b), and 174.006(a-1), Local Government Code, as added by |
|
this Act, apply only to an agreement entered into or renewed on or |
|
after March 1, 2024. An agreement entered into or renewed before |
|
March 1, 2024, is governed by the law in effect on the date the |
|
agreement was entered into or renewed, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 35. (a) The Bill Blackwood Law Enforcement |
|
Management Institute of Texas shall consult with law enforcement |
|
agencies of all sizes, law enforcement associations, law |
|
enforcement training experts, and appropriate organizations |
|
engaged in the development of law enforcement policy to develop a |
|
model progressive disciplinary matrix, as defined by Section |
|
143.003(6), Local Government Code, as added by this Act, and |
|
associated training materials regarding the application of that |
|
matrix. The institute shall provide for a period of public comment |
|
before adopting the model progressive disciplinary matrix and |
|
training materials. |
|
(b) Not later than January 1, 2024, the institute shall |
|
adopt and disseminate the model progressive disciplinary matrix and |
|
training materials to all law enforcement agencies and civil |
|
service commissions in this state. |
|
(c) This section expires September 1, 2024. |
|
SECTION 36. Section 9.51, Penal Code, as amended by this |
|
Act, applies only to use of force that occurs on or after March 1, |
|
2024. |
|
SECTION 37. 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 38. This Act takes effect September 1, 2023. |