87R6323 TSS-D
By: Crockett H.B. No. 1943
A BILL TO BE ENTITLED
AN ACT
relating to requiring law enforcement agencies to adopt policies
prohibiting a peace officer from discharging a firearm at or in the
direction of a moving vehicle; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Jordan Edwards Act.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1397 to read as follows:
Art. 2.1397. LIMITATIONS ON DISCHARGE OF FIREARM AT MOVING
VEHICLE; OFFENSE. (a) In this article, "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) A peace officer may not, while performing an official
duty, discharge a firearm at or in the direction of a moving vehicle
unless:
(1) if the vehicle is occupied solely by the driver:
(A) the peace officer discharges the firearm only
when and to the degree the officer reasonably believes is
immediately necessary to protect the officer or another person from
the use of unlawful deadly force by the driver of the vehicle; and
(B) before discharging the firearm, the officer
has exhausted all other reasonable means of mitigating or
preventing the deadly force by the driver or has determined that
other means of mitigating or preventing the deadly force would be
inappropriate under the circumstances; or
(2) if the vehicle has one or more passengers:
(A) the peace officer discharges the firearm only
when and to the degree the officer reasonably believes is
immediately necessary to protect the officer from unlawful deadly
force by the driver of the vehicle by means of the vehicle; and
(B) the officer reasonably believes that the
officer is unable to mitigate or prevent the deadly force by the
officer moving out of the path of the vehicle.
(c) A law enforcement agency shall adopt a policy regarding
a peace officer's use of force with respect to a moving vehicle that
is consistent with this article.
(d) A peace officer commits an offense if the officer
engages in conduct prohibited by Subsection (a) in violation of a
policy adopted under Subsection (c).
(e) An offense under this article is a felony of the third
degree.
(f) Notwithstanding any other law, conduct prohibited under
Subsection (a) is not justified under Section 9.21, 9.51, or 9.52,
Penal Code.
(g) If conduct constituting an offense under Subsection (d)
also constitutes an offense under any other law, the actor may be
prosecuted under that subsection, the other law, or both.
SECTION 3. Each law enforcement agency in this state shall
adopt the policy required by Article 2.1397, Code of Criminal
Procedure, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.