By: Krause (Senate Sponsor - Birdwell) H.B. No. 1758
(In the Senate - Received from the House May 3, 2021;
May 14, 2021, read first time and referred to Committee on
Jurisprudence; May 21, 2021, reported favorably by the following
vote: Yeas 5, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to law enforcement's use of force by means of a drone.
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 USE OF FORCE BY DRONE.
(a) In this article:
(1) "Drone" means an unmanned aircraft, watercraft, or
ground vehicle or a robotic device that:
(A) is controlled remotely by a human operator;
or
(B) operates autonomously through computer
software or other programming.
(2) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers.
(b) Each law enforcement agency shall:
(1) adopt a written policy regarding the agency's use
of force by means of a drone and update the policy as necessary; and
(2) not later than January 1 of each even-numbered
year, submit the policy to the Texas Commission on Law Enforcement
in the manner prescribed by the commission.
SECTION 2. Subchapter E, Chapter 9, Penal Code, is amended
by adding Section 9.54 to read as follows:
Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In this
section:
(1) "Autonomous drone" means a drone that operates
autonomously through computer software or other programming.
(2) "Drone" and "law enforcement agency" have the
meanings assigned by Article 2.33, Code of Criminal Procedure.
(b) Notwithstanding any other law, the use of force,
including deadly force, involving a drone is justified under this
subchapter only if:
(1) at the time the use of force occurred, the actor
was employed by a law enforcement agency;
(2) the use of force:
(A) would have been justified under another
provision of this subchapter; and
(B) did not involve the use of deadly force by
means of an autonomous drone; and
(3) before the use of force occurred, the law
enforcement agency employing the actor adopted and submitted to the
Texas Commission on Law Enforcement a policy on the agency's use of
force by means of a drone, as required by Article 2.33, Code of
Criminal Procedure, and the use of force conformed to the
requirements of that policy.
SECTION 3. Not later than January 1, 2022, each law
enforcement agency in this state shall:
(1) adopt the policy required by Article 2.33, Code of
Criminal Procedure, as added by this Act; and
(2) submit the policy to the Texas Commission on Law
Enforcement as required by that article.
SECTION 4. Section 9.54, Penal Code, as added by this Act,
applies only to an offense committed on or after January 1, 2022.
An offense committed before January 1, 2022, 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 January 1, 2022, if any
element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2021.
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