Texas 2019 - 86th Regular

Texas House Bill HB887 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5425 ADM-F
2	2	By: Thompson of Harris H.B. No. 887
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of force to make an arrest or search and law
8	8	enforcement policies regarding de-escalation and proportionate
9	9	response.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 2, Code of Criminal Procedure, is
12	12	amended by adding Article 2.33 to read as follows:
13	13	Art. 2.33. LAW ENFORCEMENT POLICY ON DE-ESCALATION AND
14	14	PROPORTIONATE RESPONSE. (a) In this article, "law enforcement
15	15	agency" has the meaning assigned by Article 2.1386.
16	16	(b) Each law enforcement agency shall adopt a detailed
17	17	policy regarding de-escalation and proportionate response that is
18	18	designed to affirm the sanctity of human life and safely reduce the
19	19	use of force by the agency's peace officers. The policy must:
20	20	(1) require each peace officer to complete training
21	21	regarding:
22	22	(A) conflict de-escalation techniques;
23	23	(B) the use of force at a level not to exceed that
24	24	which is proportional to the threat faced by the officer or to the
25	25	societal interest at stake; and
26	26	(C) strategies to achieve law enforcement
27	27	objectives in the manner least injurious to peace officers and
28	28	persons suspected of committing an offense; and
29	29	(2) include procedures designed to minimize the
30	30	frequency and severity of violent incidents involving peace
31	31	officers.
32	32	(c) A law enforcement agency may adopt the model policy
33	33	developed by the Texas Commission on Law Enforcement under Section
34	34	1701.165, Occupations Code, or may adopt its own policy.
35	35	SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
36	36	amended by adding Section 1701.165 to read as follows:
37	37	Sec. 1701.165. MODEL POLICY ON DE-ESCALATION AND
38	38	PROPORTIONATE RESPONSE. (a) The commission shall develop and make
39	39	available to all law enforcement agencies in this state a model
40	40	policy and associated training materials regarding de-escalation
41	41	and proportionate response that are designed to affirm the sanctity
42	42	of human life and safely reduce the use of force by peace officers.
43	43	The model policy must satisfy the requirements of Article 2.33(b),
44	44	Code of Criminal Procedure.
45	45	(b) In developing a model policy under this section, the
46	46	commission shall consult with:
47	47	(1) law enforcement agencies and organizations,
48	48	including national experts on police management and training; and
49	49	(2) community organizations.
50	50	(c) On request of a law enforcement agency, the commission
51	51	shall provide the agency with the training materials developed
52	52	under Subsection (a).
53	53	SECTION 3. Sections 9.51(a), (b), (c), and (d), Penal Code,
54	54	are amended to read as follows:
55	55	(a) A peace officer, or a person acting in a peace officer's
56	56	presence and at the officer's [his] direction, is justified in
57	57	using nonlethal force against another when and to the degree the
58	58	actor reasonably believes the force is immediately necessary to
59	59	make or assist in making an arrest or search, or to prevent or
60	60	assist in preventing escape after arrest, if:
61	61	(1) the actor reasonably believes the arrest or search
62	62	is lawful or, if the arrest or search is made under a warrant, the
63	63	actor [he] reasonably believes the warrant is valid; [and]
64	64	(2) before using force, the actor manifests the
65	65	actor's [his] purpose to arrest or search and identifies the actor
66	66	[himself] as a peace officer or as a person [one] acting at a peace
67	67	officer's direction, unless the actor [he] reasonably believes the
68	68	actor's [his] purpose and identity are already known by or cannot
69	69	reasonably be made known to the person for whom arrest is
70	70	authorized; and
71	71	(3) the peace officer using force, or directing
72	72	another person to use force, acts in accordance with the policy
73	73	adopted under Article 2.33, Code of Criminal Procedure, by the
74	74	agency employing the peace officer [to be arrested].
75	75	(b) A person who is not [other than] a peace officer [(] or
76	76	[one] acting at a peace officer's [his] direction [)] is justified
77	77	in using nonlethal force against another when and to the degree the
78	78	actor reasonably believes the force is immediately necessary to
79	79	make or assist in making a lawful arrest, or to prevent or assist in
80	80	preventing escape after lawful arrest if, before using force, the
81	81	actor manifests the actor's [his] purpose to arrest and the reason
82	82	for the arrest or reasonably believes the actor's [his] purpose and
83	83	the reason are already known by or cannot reasonably be made known
84	84	to the person for whom arrest is authorized [to be arrested].
85	85	(c) A peace officer is justified in using deadly force
86	86	against another when and to the degree the peace officer reasonably
87	87	believes the deadly force is immediately necessary to make an
88	88	arrest, or to prevent escape after arrest, if the use of force would
89	89	have been justified under Subsection (a) and[:
90	90	[(1) the actor reasonably believes the conduct for
91	91	which arrest is authorized included the use or attempted use of
92	92	deadly force; or
93	93	[(2)] the actor reasonably believes [there is a
94	94	substantial risk] that the person for whom arrest is authorized
95	95	poses an imminent threat of [to be arrested will cause] death or
96	96	serious bodily injury to the actor or another [if the arrest is
97	97	delayed].
98	98	(d) A person who is not [other than] a peace officer but is
99	99	acting in a peace officer's presence and at the officer's [his]
100	100	direction is justified in using deadly force against another when
101	101	and to the degree the person reasonably believes the deadly force is
102	102	immediately necessary to make a lawful arrest, or to prevent escape
103	103	after a lawful arrest, if:
104	104	(1) the use of force would have been justified under
105	105	Subsection (b);
106	106	(2) the peace officer directing the person to use
107	107	deadly force acts in accordance with the policy adopted under
108	108	Article 2.33, Code of Criminal Procedure, by the agency employing
109	109	the peace officer; and
110	110	(3) [:
111	111	[(1) the actor reasonably believes the felony or
112	112	offense against the public peace for which arrest is authorized
113	113	included the use or attempted use of deadly force; or
114	114	[(2)] the actor reasonably believes [there is a
115	115	substantial risk] that the person for whom arrest is authorized
116	116	poses an imminent threat of [to be arrested will cause] death or
117	117	serious bodily injury to another [if the arrest is delayed].
118	118	SECTION 4. (a) Not later than December 1, 2019, the Texas
119	119	Commission on Law Enforcement shall develop and make available the
120	120	model policy and associated training materials required under
121	121	Section 1701.165, Occupations Code, as added by this Act.
122	122	(b) Not later than June 1, 2020, each law enforcement agency
123	123	in this state shall adopt a policy as required by Article 2.33, Code
124	124	of Criminal Procedure, as added by this Act.
125	125	(c) Section 9.51, Penal Code, as amended by this Act,
126	126	applies only to use of force that occurs on or after June 1, 2020.
127	127	SECTION 5. This Act takes effect September 1, 2019.