87R4740 JCG-D
By: Dutton H.B. No. 1035
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 his direction, is justified in using force against
another when and to the degree [the actor reasonably believes] the
force is objectively reasonable and 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, he
reasonably believes the warrant is valid; and
(2) before using force, the actor manifests his
purpose to arrest or search and identifies himself as a peace
officer or as one acting at a peace officer's direction, unless he
reasonably believes his purpose and identity are already known by
or cannot reasonably be made known to the person to be arrested.
(b) A person other than a peace officer (or one acting at his
direction) is justified in using force against another when and to
the degree [the actor reasonably believes] the force is objectively
reasonable and 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 his
purpose to and the reason for the arrest or reasonably believes his
purpose and the reason are already known by or cannot reasonably be
made known to the person 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 objectively reasonable and
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 to be arrested will cause death or
serious bodily injury to the actor or another if the arrest is
delayed.
(d) A person other than a peace officer acting in a peace
officer's presence and at his direction is justified in using
deadly force against another when and to the degree [the person
reasonably believes] the deadly force is objectively reasonable and
immediately necessary to make a lawful arrest, or to prevent escape
after a lawful arrest, if the use of force would have been justified
under Subsection (b) and:
(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 to be arrested will cause death or
serious bodily injury to another if the arrest is delayed.
SECTION 2. Section 9.52, Penal Code, is amended to read as
follows:
Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
force to prevent the escape of an arrested person from custody is
justifiable when the force could have been employed to effect the
arrest under which the person is in custody, except that a guard
employed by a correctional facility or a peace officer is justified
in using any force, including deadly force, that is objectively
reasonable and [he reasonably believes to be] immediately necessary
to prevent the escape of a person from the correctional facility.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2021.