| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to less-lethal force weapons, including a defense to |
|
|
prosecution for certain offenses involving the use of a less- |
|
|
lethal force weapon by a peace officer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 9, Penal Code, is amended by adding |
|
|
Section 9.55 to read as follows: |
|
|
SEC. 9.55. DEFENSE INVOLVING USE OF A LESS-LETHAL FORCE |
|
|
WEAPON (a) In this section, "less-lethal force weapon" means: |
|
|
(1) any weapon, device, or munition that is designed, |
|
|
made, or adapted to expel a projectile or multiple projectiles |
|
|
against a target to temporarily incapacitate the target while |
|
|
minimizing the risk of serious bodily injury or death; |
|
|
(2) a chemical dispensing device; |
|
|
(3) a device used to strike a person; or |
|
|
(4) a "stun gun" as defined by Texas Penal Code Section |
|
|
38.14. |
|
|
(b) A guard employed by a correctional facility or a peace |
|
|
officer is justified in using force with a less-lethal force weapon |
|
|
against another to the degree reasonably necessary to accomplish |
|
|
the officer’s duties if: |
|
|
(1) the officer was justified in using force under |
|
|
Texas Penal Code Chapter 9; and |
|
|
(2) the officer’s use of the less-lethal force weapon |
|
|
was in substantial compliance with the officer’s training. |
|
|
SECTION 2. The changes made 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 law in effect on the date that offense was committed, and the |
|
|
former law is continued in effect for that purpose. For the purposes |
|
|
of this Act, an offense was committed before the effective date of |
|
|
this Act if any element of the offense occurred before that date. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |