87R1689 ADM-F
By: Thompson of Harris H.B. No. 833
A BILL TO BE ENTITLED
AN ACT
relating to the use of force to make an arrest or search and to law
enforcement policies regarding de-escalation and proportionate
response.
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 DE-ESCALATION AND
PROPORTIONATE RESPONSE. (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) Each law enforcement agency shall adopt a detailed
written policy regarding the use of force by peace officers. The
policy must:
(1) emphasize conflict de-escalation and the use of
force in a manner proportionate to the threat posed and to the
seriousness of the alleged offense;
(2) mandate that deadly force is only to be used by
peace officers as a last resort; and
(3) affirm the sanctity of human life and the
importance of treating all persons with dignity and respect.
(c) A law enforcement agency may adopt the model policy
developed by the Texas Commission on Law Enforcement under Section
1701.165, Occupations Code, or may adopt its own policy.
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.165 to read as follows:
Sec. 1701.165. MODEL POLICY ON USE OF FORCE. (a) The
commission shall develop and make available to all law enforcement
agencies in this state a model policy and associated training
materials regarding the use of force by peace officers. The model
policy must:
(1) be designed to minimize the number and severity of
incidents in which peace officers use force; and
(2) be consistent with the requirements of Article
2.33(b), Code of Criminal Procedure, and the guiding principles on
the use of force issued by the Police Executive Research Forum.
(b) In developing a model policy under this section, the
commission shall consult with:
(1) law enforcement agencies and organizations,
including the Police Executive Research Forum and other national
experts on police management and training; and
(2) community organizations.
(c) On request of a law enforcement agency, the commission
shall provide the agency with training regarding the policy
developed under Subsection (a).
SECTION 3. 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 the officer's [his] direction, is justified in
using nonlethal force against another when and to the degree [the
actor reasonably believes] the force is 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, the
actor [he] reasonably believes the warrant is valid; [and]
(2) before using force, the actor:
(A) manifests the actor's [his] purpose to arrest
or search and identifies the actor [himself] as a peace officer or
as a person [one] acting at a peace officer's direction, unless the
actor [he] reasonably believes the actor's [his] purpose and
identity are already known by or cannot reasonably be made known to
the person for whom the arrest or search is authorized;
(B) attempts to de-escalate the situation; and
(C) issues a warning that force will be used;
(3) the force used is proportionate to the threat
posed and to the seriousness of the alleged offense;
(4) the actor immediately terminates the use of force
the moment the person against whom force is used becomes compliant
or is subdued; and
(5) the use of force does not present a serious risk of
injury to any person other than the actor or the person against whom
the force is used [to be arrested].
(b) A person who is not [other than] a peace officer [(] or
[one] acting at a peace officer's [his] direction [)] is justified
in using nonlethal force against another when and to the degree [the
actor reasonably believes] the force is immediately necessary to
make or assist in making a lawful arrest, or to prevent or assist in
preventing escape after lawful arrest if:
(1)[,] before using force, the actor:
(A) manifests the actor's [his] purpose to arrest
and the reason for the arrest or reasonably believes the actor's
[his] purpose and the reason are already known by or cannot
reasonably be made known to the person for whom arrest is
authorized;
(B) attempts to de-escalate the situation; and
(C) issues a warning that force will be used;
(2) the force used is proportionate to the threat
posed and to the seriousness of the alleged offense;
(3) the actor immediately terminates the use of force
the moment the person against whom force is used becomes compliant
or is subdued; and
(4) the use of force does not present a serious risk of
injury to any person other than the actor or the person against whom
the force is used [to be arrested].
(c) A peace officer is only justified in using deadly force
against another when and to the degree [the peace officer
reasonably believes] the deadly force is 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 for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to the actor or another;
(2) the deadly force is used only against the person
for whom arrest is authorized;
(3) the actor immediately terminates the use of deadly
force the moment the imminent threat of death or serious bodily
injury is eliminated; and
(4) no lesser degree of force could have eliminated
the imminent threat of death or serious bodily injury [if the arrest
is delayed].
(d) A person who is not [other than] a peace officer but is
acting in a peace officer's presence and at the officer's [his]
direction is justified in using deadly force against another when
and to the degree [the person reasonably believes] the deadly force
is 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 for whom arrest is authorized
poses an imminent threat of [to be arrested will cause] death or
serious bodily injury to another;
(2) the deadly force is used only against the person
for whom arrest is authorized;
(3) the actor immediately terminates the use of deadly
force the moment the imminent threat of death or serious bodily
injury is eliminated; and
(4) no lesser degree of force could have eliminated
the imminent threat of death or serious bodily injury [if the arrest
is delayed].
SECTION 4. Section 9.51(e), Penal Code, is repealed.
SECTION 5. (a) Not later than January 1, 2022, the Texas
Commission on Law Enforcement shall develop and make available the
model policy and associated training materials required under
Section 1701.165, Occupations Code, as added by this Act.
(b) Not later than March 1, 2022, each law enforcement
agency in this state shall adopt the policy required by Article
2.33, Code of Criminal Procedure, as added by this Act.
(c) Section 9.51, Penal Code, as amended by this Act,
applies only to use of force that occurs on or after March 1, 2022.
SECTION 6. This Act takes effect September 1, 2021.