Texas House Bill HB938

Texas 2023 - 88th Regular

• Filed: 12/8/22

Caption

Relating to the use of force by peace officers and certain other persons to make an arrest or search or prevent an escape from custody.

Impact

If enacted, HB 938 will reformulate how state laws define and regulate the use of force by law enforcement. Specifically, the amendments will provide clearer guidelines on the use of deadly force, particularly in cases of imminent threat to life. This shift is aimed at enhancing accountability for law enforcement officers while ensuring their actions meet a reasoned standard of necessity. Moreover, the law will allow individuals acting under a peace officer's direction to rely on similar justifications when they find it necessary to apply force in the context of law enforcement duties.

Summary

House Bill 938 relates to the protocols governing the use of force by peace officers and certain individuals acting under their authority during arrests, searches, or the prevention of escape from custody. The bill amends existing sections of the Penal Code to clarify the circumstances under which both peace officers and laypersons may justifiably use non-lethal and lethal force. The legislation emphasizes that the force applied must be objectively reasonable and immediately necessary, delineating specific scenarios where such actions are warranted.

Sentiment

The sentiment around HB 938 appears to be mixed, reflecting broader societal debates about law enforcement practices, public safety, and civil rights. Proponents argue that the bill is a necessary update that provides clearer oversight and restrictions on the use of deadly force, potentially leading to better protection of citizens' rights. Conversely, critics fear that the amendments may place inadequate limits on the use of force, raising concerns about public safety and the potential for escalation in law enforcement encounters. These divergent views indicate ongoing discussions about the appropriate balance between authoritative power and civil liberties.

Contention

Notable points of contention surrounding HB 938 include the interpretations of what constitutes 'reasonable force' and the potential implications for law enforcement interactions in high-stress situations. Opponents worry about the potential for misuse or overreach by officers under the new guidelines, while supporters emphasize the importance of establishing a clear legal framework to prevent unlawful use of force. The bill's passage may ultimately hinge on the public's trust in law enforcement and their expectation for accountability.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 9. Justification Excluding Criminal Responsibility
  • Section: 51
  • Section: 52