86R5425 ADM-F
By: Thompson of Harris H.B. No. 887
A BILL TO BE ENTITLED
AN ACT
relating to the use of force to make an arrest or search and law
enforcement policies regarding de-escalation and proportionate
response.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.33 to read as follows:
Art. 2.33. LAW ENFORCEMENT POLICY ON DE-ESCALATION AND
PROPORTIONATE RESPONSE. (a) In this article, "law enforcement
agency" has the meaning assigned by Article 2.1386.
(b) Each law enforcement agency shall adopt a detailed
policy regarding de-escalation and proportionate response that is
designed to affirm the sanctity of human life and safely reduce the
use of force by the agency's peace officers. The policy must:
(1) require each peace officer to complete training
regarding:
(A) conflict de-escalation techniques;
(B) the use of force at a level not to exceed that
which is proportional to the threat faced by the officer or to the
societal interest at stake; and
(C) strategies to achieve law enforcement
objectives in the manner least injurious to peace officers and
persons suspected of committing an offense; and
(2) include procedures designed to minimize the
frequency and severity of violent incidents involving peace
officers.
(c) A law enforcement agency may adopt the model policy
developed by the Texas Commission on Law Enforcement under Section
1701.165, Occupations Code, or may adopt its own policy.
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.165 to read as follows:
Sec. 1701.165. MODEL POLICY ON DE-ESCALATION AND
PROPORTIONATE RESPONSE. (a) The commission shall develop and make
available to all law enforcement agencies in this state a model
policy and associated training materials regarding de-escalation
and proportionate response that are designed to affirm the sanctity
of human life and safely reduce the use of force by peace officers.
The model policy must satisfy the requirements of Article 2.33(b),
Code of Criminal Procedure.
(b) In developing a model policy under this section, the
commission shall consult with:
(1) law enforcement agencies and organizations,
including national experts on police management and training; and
(2) community organizations.
(c) On request of a law enforcement agency, the commission
shall provide the agency with the training materials developed
under Subsection (a).
SECTION 3. Sections 9.51(a), (b), (c), and (d), Penal Code,
are amended to read as follows:
(a) A peace officer, or a person acting in a peace officer's
presence and at the officer's [his] direction, is justified in
using nonlethal force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
make or assist in making an arrest or search, or to prevent or
assist in preventing escape after arrest, if:
(1) the actor reasonably believes the arrest or search
is lawful or, if the arrest or search is made under a warrant, the
actor [he] reasonably believes the warrant is valid; [and]
(2) before using force, the actor manifests the
actor's [his] purpose to arrest or search and identifies the actor
[himself] as a peace officer or as a person [one] acting at a peace
officer's direction, unless the actor [he] reasonably believes the
actor's [his] purpose and identity are already known by or cannot
reasonably be made known to the person for whom arrest is
authorized; and
(3) the peace officer using force, or directing
another person to use force, acts in accordance with the policy
adopted under Article 2.33, Code of Criminal Procedure, by the
agency employing the peace officer [to be arrested].
(b) A person who is not [other than] a peace officer [(] or
[one] acting at a peace officer's [his] direction [)] is justified
in using nonlethal force against another when and to the degree the
actor reasonably believes the force is immediately necessary to
make or assist in making a lawful arrest, or to prevent or assist in
preventing escape after lawful arrest if, before using force, the
actor manifests the actor's [his] purpose to arrest and the reason
for the arrest or reasonably believes the actor's [his] purpose and
the reason are already known by or cannot reasonably be made known
to the person for whom arrest is authorized [to be arrested].
(c) A peace officer is justified in using deadly force
against another when and to the degree the peace officer reasonably
believes the deadly force is immediately necessary to make an
arrest, or to prevent escape after arrest, if the use of force would
have been justified under Subsection (a) and[:
[(1) the actor reasonably believes the conduct for
which arrest is authorized included the use or attempted use of
deadly force; or
[(2)] the actor reasonably believes [there is a
substantial risk] that the person for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to the actor or another [if the arrest is
delayed].
(d) A person who is not [other than] a peace officer but is
acting in a peace officer's presence and at the officer's [his]
direction is justified in using deadly force against another when
and to the degree the person reasonably believes the deadly force is
immediately necessary to make a lawful arrest, or to prevent escape
after a lawful arrest, if:
(1) the use of force would have been justified under
Subsection (b);
(2) the peace officer directing the person to use
deadly force acts in accordance with the policy adopted under
Article 2.33, Code of Criminal Procedure, by the agency employing
the peace officer; and
(3) [:
[(1) the actor reasonably believes the felony or
offense against the public peace for which arrest is authorized
included the use or attempted use of deadly force; or
[(2)] the actor reasonably believes [there is a
substantial risk] that the person for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to another [if the arrest is delayed].
SECTION 4. (a) Not later than December 1, 2019, the Texas
Commission on Law Enforcement shall develop and make available the
model policy and associated training materials required under
Section 1701.165, Occupations Code, as added by this Act.
(b) Not later than June 1, 2020, each law enforcement agency
in this state shall adopt a policy as required by Article 2.33, Code
of Criminal Procedure, as added by this Act.
(c) Section 9.51, Penal Code, as amended by this Act,
applies only to use of force that occurs on or after June 1, 2020.
SECTION 5. This Act takes effect September 1, 2019.