| 1 | 1 | | 87R8779 KJE-D |
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| 2 | 2 | | By: Crockett H.B. No. 2334 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting a peace officer from using less lethal |
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| 8 | 8 | | devices to control the activity or movement of a nonviolent |
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| 9 | 9 | | gathering of persons or disperse persons engaging in protected |
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| 10 | 10 | | speech or expressive conduct. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as the Brandon Saenz Act. |
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| 13 | 13 | | SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Article 2.33 to read as follows: |
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| 15 | 15 | | Art. 2.33. PROHIBITION ON USE OF LESS LETHAL DEVICES FOR |
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| 16 | 16 | | CROWD CONTROL OR DISPERSAL. (a) In this article: |
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| 17 | 17 | | (1) "Law enforcement agency" means an agency of the |
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| 18 | 18 | | state or an agency of a political subdivision of the state |
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| 19 | 19 | | authorized by law to employ peace officers. |
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| 20 | 20 | | (2) "Less lethal chemical device" means a less lethal |
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| 21 | 21 | | device designed to be launched or thrown as a projectile for the |
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| 22 | 22 | | purpose of incapacitating or substantially diminishing the |
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| 23 | 23 | | capacity of the target by causing chemical irritation of the eyes, |
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| 24 | 24 | | throat, lungs, or skin. The term includes chemical devices |
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| 25 | 25 | | commonly known as "tear gas," "pepper bullets," "pepper pellets," |
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| 26 | 26 | | and "smoke grenades." |
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| 27 | 27 | | (3) "Less lethal device" means a weapon, ammunition, |
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| 28 | 28 | | or other device designed to reduce the risk of serious bodily injury |
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| 29 | 29 | | or death compared to a deadly weapon, as defined by Section 1.07, |
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| 30 | 30 | | Penal Code. The term includes a less lethal chemical device or less |
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| 31 | 31 | | lethal projectile. |
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| 32 | 32 | | (4) "Less lethal projectile" means a less lethal |
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| 33 | 33 | | device that is discharged from a firearm or other device for the |
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| 34 | 34 | | purpose of incapacitating or substantially diminishing the |
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| 35 | 35 | | capacity of the target by inflicting blunt trauma. The term |
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| 36 | 36 | | includes ammunition commonly known as "rubber bullets," "wooden |
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| 37 | 37 | | bullets," "sponge rounds," and "bean bag rounds." |
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| 38 | 38 | | (b) A peace officer may not use a less lethal device as a |
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| 39 | 39 | | means to: |
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| 40 | 40 | | (1) control the activity or movement of a nonviolent |
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| 41 | 41 | | gathering of persons; or |
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| 42 | 42 | | (2) disperse persons engaging in speech or expressive |
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| 43 | 43 | | conduct protected by the First Amendment to the United States |
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| 44 | 44 | | Constitution or Section 8, Article 1, Texas Constitution. |
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| 45 | 45 | | (c) Each law enforcement agency in this state shall adopt a |
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| 46 | 46 | | policy that prohibits a peace officer employed by the agency from |
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| 47 | 47 | | using less lethal devices for a purpose prohibited under Subsection |
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| 48 | 48 | | (b). |
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| 49 | 49 | | SECTION 3. Not later than January 1, 2022, each law |
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| 50 | 50 | | enforcement agency in this state shall adopt the policy required by |
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| 51 | 51 | | Article 2.33, Code of Criminal Procedure, as added by this Act. |
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| 52 | 52 | | SECTION 4. This Act takes effect September 1, 2021. |
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