Texas Senate Bill SB161

Texas 2021 - 87th Regular

Caption

Relating to interactions between law enforcement and individuals detained or arrested on suspicion of the commission of criminal offenses, witnesses to the commission of those offenses, and other members of the public, to peace officer liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

Impact

One of the most significant changes brought about by this bill involves peace officer liability. It eliminates certain defenses previously available to officers, such as qualified immunity, thus increasing accountability for police conduct. The bill also requires law enforcement agencies to adopt a formal policy emphasizing de-escalation techniques and the proportional use of force. These changes aim to ensure that law enforcement practices are closely monitored and regulated, contributing to a greater emphasis on civil rights and community safety.

Summary

SB161, also known as the George Floyd Act, addresses crucial aspects related to the interactions between law enforcement officers and individuals who are detained or arrested on suspicion of crimes, as well as witnesses and members of the public. This legislation aims to enhance civil rights protections by establishing specific legal avenues for individuals who feel that their rights have been violated by police. Importantly, it allows individuals to seek legal recourse against peace officers who act under the color of law and deprive them of rights secured by the Texas Constitution.

Contention

The bill's introduction has prompted considerable debate among legislators and stakeholders. Supporters of the George Floyd Act argue that enhancing liability for police officers is a necessary step towards accountability and rebuilding public trust in law enforcement. However, opponents express concerns that removing certain legal protections for officers could discourage law enforcement from effectively performing their duties due to fear of legal repercussions for their actions, particularly in high-pressure situations.

Provisions

In addition to provisions concerning officer liability, SB161 introduces a mandatory progressive disciplinary matrix for law enforcement agencies, which standardizes the disciplinary actions for police conduct and requires that officers facing disciplinary actions have a clear understanding of the processes involved. The act also outlines specific use of force parameters for peace officers, establishing that deadly force should only be utilized as a last resort, thereby promoting a culture of mindfulness and restraint within law enforcement practices.