Texas 2021 - 87th Regular

Texas House Bill HB3712 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3712
	1	+	By: Thompson of Brazoria, et al. H.B. No. 3712
	2	+	(Senate Sponsor - West)
	3	+	(In the Senate - Received from the House May 3, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on
	5	+	Jurisprudence; May 22, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 5, Nays 0;
	7	+	May 22, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3712 By: Huffman
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the training of and policies for peace officers.
6	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	16		SECTION 1. The heading to Subchapter F, Chapter 1701,
8	17		Occupations Code, is amended to read as follows:
9	18		SUBCHAPTER F. TRAINING PROGRAMS, [AND] SCHOOLS, AND POLICIES
10	19		SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is
11	20		amended by adding Section 1701.2551 to read as follows:
12	21		Sec. 1701.2551. BASIC PEACE OFFICER TRAINING COURSE. (a)
13	22		The basic peace officer training course required as part of a peace
14	23		officer training program under Section 1701.251(a) may be no less
15	24		than 720 hours.
16	25		(b) The basic peace officer training course must include
17	26		training on:
18	27		(1) the prohibition against the intentional use of a
19	28		choke hold, carotid artery hold, or similar neck restraint by a
20	29		peace officer in searching or arresting a person, unless the
21	30		officer reasonably believes the restraint is necessary to prevent
22	31		serious bodily injury to or the death of the peace officer or
23	32		another person;
24	33		(2) the duty of a peace officer to intervene to stop or
25	34		prevent another peace officer from using force against a person
26	35		suspected of committing an offense if:
27	36		(A) the amount of force exceeds that which is
28	37		reasonable under the circumstances; and
29	38		(B) the officer knows or should know that the
30	39		other officer's use of force:
31	40		(i) violates state or federal law;
32	41		(ii) puts a person at risk of bodily injury,
33	42		as that term is defined by Section 1.07, Penal Code, and is not
34	43		immediately necessary to avoid imminent bodily injury to a peace
35	44		officer or other person; and
36	45		(iii) is not required to apprehend the
37	46		person suspected of committing an offense; and
38	47		(3) the duty of a peace officer who encounters an
39	48		injured person while discharging the officer's official duties to
40	49		immediately and as necessary request emergency medical services
41	50		personnel to provide the person with emergency medical services
42	51		and, while waiting for emergency medical services personnel to
43	52		arrive, provide first aid or treatment to the person to the extent
44	53		of the officer's skills and training, unless the request for
45	54		emergency medical services personnel or the provision of first aid
46	55		or treatment would expose the officer or another person to a risk of
47	56		bodily injury or the officer is injured and physically unable to
48	57		make the request or provide the treatment.
49	58		SECTION 3. Subchapter F, Chapter 1701, Occupations Code, is
50	59		amended by adding Sections 1701.269 and 1701.270 to read as
51	60		follows:
52	61		Sec. 1701.269. TRAINING PROGRAM AND POLICIES FOR PEACE
53	62		OFFICERS. (a) The commission, in consultation with the Bill
54	63		Blackwood Law Enforcement Management Institute of Texas and other
55	64		interested parties chosen by the commission, shall develop and
56	65		maintain a model training curriculum and model policies for law
57	66		enforcement agencies and peace officers.
58	67		(b) The model training curriculum and model policies
59	68		developed under Subsection (a) must include:
60	69		(1) curriculum and policies for banning the use of a
61	70		choke hold, carotid artery hold, or similar neck restraint by a
62	71		peace officer in searching or arresting a person, unless the
63	72		officer reasonably believes the restraint is necessary to prevent
64	73		serious bodily injury to or the death of the peace officer or
65	74		another person;
66	75		(2) curriculum and policies regarding the duty of a
67	76		peace officer to intervene to stop or prevent another peace officer
68	77		from using force against a person suspected of committing an
69	78		offense if:
70	79		(A) the amount of force exceeds that which is
71	80		reasonable under the circumstances; and
72	81		(B) the officer knows or should know that the
73	82		other officer's use of force:
74	83		(i) violates state or federal law;
75	84		(ii) puts a person at risk of bodily injury,
76	85		as that term is defined by Section 1.07, Penal Code, and is not
77	86		immediately necessary to avoid imminent bodily injury to a peace
78	87		officer or other person; and
79	88		(iii) is not required to apprehend the
80	89		person suspected of committing an offense; and
81	90		(3) curriculum and policies regarding the duty of a
82	91		peace officer who encounters an injured person while discharging
83	92		the officer's official duties to immediately and as necessary
84	93		request emergency medical services personnel to provide the person
85	94		with emergency medical services and, while waiting for emergency
86	95		medical services personnel to arrive, provide first aid or
87	96		treatment to the person to the extent of the officer's skills and
88	97		training, unless the request for emergency medical services
89	98		personnel or the provision of first aid or treatment would expose
90	99		the officer or another person to a risk of bodily injury or the
91	100		officer is injured and physically unable to make the request or
92	101		provide the treatment.
93	102		Sec. 1701.270. REQUIRED POLICIES FOR LAW ENFORCEMENT
94	103		AGENCIES. Not later than the 180th day after the date the
95	104		commission provides the model policies described by Section
96	105		1701.269(b), each law enforcement agency in this state shall adopt
97	106		a policy on the topics described by that subsection. A law
98	107		enforcement agency may adopt the model policies developed by the
99	108		commission under that subsection.
100	109		SECTION 4. Section 1701.351, Occupations Code, is amended
101	110		by adding Subsection (a-2) to read as follows:
102	111		(a-2) Before the first day of each 24-month training unit
103	112		during which peace officers are required to complete 40 hours of
104	113		continuing education programs under Subsection (a), the commission
105	114		shall specify the mandated topics to be covered in up to 16 of the
106	115		required hours.
107	116		SECTION 5. (a) Not later than January 1, 2022, the Texas
108	117		Commission on Law Enforcement shall modify the curriculum of the
109	118		basic peace officer training course as necessary to comply with
110	119		Section 1701.2551, Occupations Code, as added by this Act.
111	120		(b) The minimum hour and content requirements for the basic
112	121		peace officer training course under Section 1701.2551, Occupations
113	122		Code, as added by this Act, apply only to a person who first begins
114	123		the course on or after July 1, 2022.
115	124		SECTION 6. Not later than January 1, 2022, the Texas
116	125		Commission on Law Enforcement shall develop and make available the
117	126		model training curriculum and model policies required by Section
118	127		1701.269, Occupations Code, as added by this Act.
119	128		SECTION 7. Section 1701.351(a-2), Occupations Code, as
120	129		added by this Act, applies only to a training unit that begins on or
121	130		after the effective date of this Act.
122	131		SECTION 8. The Texas Commission on Law Enforcement is
123	132		required to implement a provision of this Act only if the
124	133		legislature appropriates money specifically for that purpose. If
125	134		the legislature does not appropriate money specifically for that
126	135		purpose, the commission may, but is not required to, implement a
127	136		provision of this Act using other appropriations available for that
128	137		purpose.
129	138		SECTION 9. This Act takes effect September 1, 2021.
130		-	______________________________ ______________________________
131		-	President of the Senate Speaker of the House
132		-	I certify that H.B. No. 3712 was passed by the House on April
133		-	30, 2021, by the following vote: Yeas 123, Nays 5, 1 present, not
134		-	voting; and that the House concurred in Senate amendments to H.B.
135		-	No. 3712 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
136		-	1 present, not voting.
137		-	______________________________
138		-	Chief Clerk of the House
139		-	I certify that H.B. No. 3712 was passed by the Senate, with
140		-	amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
141		-	0.
142		-	______________________________
143		-	Secretary of the Senate
144		-	APPROVED: __________________
145		-	Date
146		-	__________________
147		-	Governor
	139	+	* * * * *