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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 other officer |
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interactions and duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Atatiana Jefferson |
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Safe Use of Force Act. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Articles 2.36 and 2.37 to read as follows: |
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Art. 2.36. LAW ENFORCEMENT POLICY ON USE OF FORCE AND |
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OFFICER INTERACTIONS. (a) In this article, "law enforcement |
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agency" means an agency of the state or an agency of a political |
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subdivision of the state authorized by law to employ peace |
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officers. |
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(b) Each law enforcement agency shall adopt and implement |
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the model policy developed by the Texas Commission on Law |
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Enforcement under Section 1701.165, Occupations Code. |
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Art. 2.37. DUTIES OF PEACE OFFICER PERFORMING WELFARE |
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CHECK. (a) In this article, "welfare check" means a call for |
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service requesting a peace officer to inquire into the health and |
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safety of a person at the person's residence. |
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(b) On arriving to the residence of a person who is the |
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subject of a welfare check, the peace officer performing the |
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welfare check shall: |
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(1) call the telephone number associated with the |
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residence, the person who is the subject of the requested welfare |
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check, or another person who lives at the residence; and |
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(2) document the result of the call. |
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SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.165 to read as follows: |
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Sec. 1701.165. MODEL POLICY ON USE OF FORCE AND OTHER |
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OFFICER INTERACTIONS. (a) The commission shall develop and make |
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available to all law enforcement agencies in this state a model |
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policy and associated training materials regarding the use of force |
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by peace officers and other officer interactions. The model policy |
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must: |
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(1) contain instructions on conflict de-escalation |
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and the use of force in a manner proportionate to the threat posed |
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and to the seriousness of the alleged offense; |
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(2) prohibit a peace officer from discharging a |
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firearm at a moving vehicle, unless: |
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(A) the vehicle is clearly being used as a weapon |
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against the officer or against another person involved in the |
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incident; or |
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(B) an occupant of the vehicle is using or |
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threatening to use deadly force by means other than by means of the |
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vehicle itself against the officer or another person involved in |
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the incident; |
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(3) require training on using the minimum amount of |
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force necessary to protect a person who poses a danger only to the |
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person and not to others, as based on the situation; |
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(4) require the law enforcement agency to provide |
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training on methods to assist peace officers of the agency on |
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identifying behaviors that indicate a person is not a threat to |
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others but is a person with an intellectual disability or |
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experiencing a mental health crisis, a mental illness, or an |
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extreme reaction to a controlled substance; |
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(5) require training on using the minimum amount of |
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force necessary in situations that present a high risk of bodily |
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injury to a bystander against whom the use of force is not |
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justified; |
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(6) require a peace officer who is not in uniform and |
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who interacts with a member of the public to make an identification |
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as a peace officer before taking any action within the course and |
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scope of the officer's official duties, unless the identification |
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would render the action impracticable; |
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(7) prohibit the use of deadly force unless the use of |
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deadly force is immediately necessary to prevent serious bodily |
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injury to or the death of the officer or another; |
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(8) require a law enforcement agency that allows peace |
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officers to use lethal weapons to have a policy regarding the use of |
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those weapons and to provide regular peace officer training on the |
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use of less lethal weapons to support the use of de-escalation |
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techniques by the officers, especially for officers who regularly |
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interact with members of the public or who are assigned to duties |
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involving regular interaction with persons with a mental illness or |
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an intellectual disability; and |
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(9) provide guidance on best practices in pursuing a |
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suspect fleeing arrest. |
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(b) In developing the model policy under this section, the |
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commission: |
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(1) shall consult with and solicit input from: |
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(A) the Bill Blackwood Law Enforcement |
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Management Institute of Texas located at Sam Houston State |
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University; |
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(B) the Caruth Police Institute located at the |
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University of North Texas at Dallas; and |
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(C) organizations representing law enforcement |
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administrators, law enforcement officers, prosecutors, criminal |
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defense attorneys, and the public; and |
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(2) may consult with and solicit input from any other |
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interested person the commission determines appropriate. |
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SECTION 4. (a) Not later than January 1, 2024, the Texas |
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Commission on Law Enforcement shall develop and make available the |
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model policy and associated training materials required under |
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Section 1701.165, Occupations Code, as added by this Act. |
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(b) Not later than March 1, 2024, each law enforcement |
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agency in this state shall adopt and implement the model policy |
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required by Article 2.36, Code of Criminal Procedure, as added by |
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this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |