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AN ACT
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relating to a legal justification for the use of force with a |
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less-lethal force weapon by a correctional facility guard or a |
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peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 9, Penal Code, is amended |
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by adding Section 9.55 to read as follows: |
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Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) In this |
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section, "less-lethal force weapon" means: |
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(1) any weapon, device, or munition that is designed, |
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made, or adapted to expel a projectile or multiple projectiles |
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against a target to temporarily incapacitate the target while |
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minimizing the risk of serious bodily injury or death; |
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(2) a chemical dispensing device; |
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(3) a device used to strike a person; or |
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(4) a stun gun, as defined by Section 38.14. |
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(b) This section applies only to a guard employed by a |
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correctional facility or a peace officer who is engaged in the |
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discharge of the guard's or officer's official duties. |
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(c) A person to whom this section applies is justified in |
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using force with a less-lethal force weapon against another when |
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and to the degree the person reasonably believes the force was |
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necessary to accomplish the person's official duties as a guard or |
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officer and if the person's use of the weapon is in substantial |
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compliance with the person's training. |
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SECTION 2. 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 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2570 passed the Senate on |
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April 28, 2025, by the following vote: Yeas 20, Nays 11; and that |
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the Senate concurred in House amendment on May 26, 2025, by the |
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following vote: Yeas 21, Nays 10. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2570 passed the House, with |
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amendment, on May 22, 2025, by the following vote: Yeas 101, |
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Nays 35, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |