Texas House Bill HB88

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

The bill requires law enforcement agencies to adopt written policies that emphasize de-escalation techniques and restrict the use of force to situations that are proportional to the threat encountered. Furthermore, peace officers must provide identification before taking action unless impractical, and they must also intervene if they witness unlawful use of force by fellow officers. This is expected to lead to greater accountability in situations where force is employed, particularly in cases involving the deaths of civilians during encounters with police.

Summary

House Bill 88, also known as the George Floyd Act, focuses on enhancing the accountability of law enforcement officers in Texas during interactions with individuals suspected of criminal offenses. The bill specifically addresses peace officer liability for the deprivation of rights, emphasizing that individuals can sue officers for violating their constitutional rights while under official capacity. The legislation seeks to limit statutory immunities and qualified immunity as defenses for officers accused of misconduct, allowing for more straightforward legal recourse for victims of police actions.

Contention

While advocates argue that HB 88 is a necessary step toward reforming police practices and ensuring civil rights are protected, opponents raise concerns about potential negative impacts on policing efficacy. Some law enforcement representatives express fears that the bill could lead to hesitance in using necessary force and complicate officers' ability to respond promptly in high-pressure situations. There is a divide on whether the measures proposed in the bill improve safety and accountability or introduce challenges and risks to law enforcement operations.