87R11969 JCG-D
By: West S.B. No. 1545
A BILL TO BE ENTITLED
AN ACT
relating to the use of force by peace officers and other officer
interactions and duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Breonna Taylor and
Atatiana Jefferson Safe Use of Force Act.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.33 and 2.34 to read as follows:
Art. 2.33. LAW ENFORCEMENT POLICY ON USE OF FORCE AND
OFFICER INTERACTIONS. (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 and implement
the model policy developed by the Texas Commission on Law
Enforcement under Section 1701.165, Occupations Code.
Art. 2.34. DUTIES OF PEACE OFFICER PERFORMING WELFARE
CHECK. (a) In this article, "welfare check" means a call for
service requesting a peace officer to inquire into the health and
safety of a person at the person's residence.
(b) On arriving to the residence of a person who is the
subject of a welfare check, the peace officer performing the
welfare check shall:
(1) call the telephone number associated with the
residence, the person who is the subject of the requested welfare
check, or another person who lives at the residence; and
(2) document the result of the call.
SECTION 3. 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 AND OTHER
OFFICER INTERACTIONS. (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 and other officer interactions. The model 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) require a peace officer to intervene if the use of
force by another peace officer:
(A) violates state or federal law or a policy of
any entity served by the other officer;
(B) puts any person at risk of bodily injury,
unless the officer reasonably believes that the other officer's use
of force is immediately necessary to avoid imminent harm to a peace
officer or another person; or
(C) is not required to apprehend or complete the
apprehension of a suspect;
(3) require a peace officer to provide aid immediately
to any person who needs medical attention, including a person who
needs medical attention as a result of the use of force by a peace
officer, unless providing the aid puts the officer at risk of bodily
injury;
(4) prohibit a peace officer from using a choke hold, a
carotid artery hold, or any other force against a person in a manner
that impedes the normal breathing or circulation of the blood of the
person by applying pressure to the person's throat or neck or by
blocking the person's nose or mouth, unless the peace officer is
engaged in a physical altercation with the person and the use of
force is immediately necessary to defend the officer from an
imminent threat of bodily injury or death;
(5) prohibit a peace officer from discharging a
firearm at a moving vehicle, unless:
(A) the vehicle is being used as a weapon against
the officer or against another person involved in the incident; or
(B) an occupant of the vehicle is using or
threatening to use deadly force by means other than by means of the
vehicle itself against the officer or another person involved in
the incident;
(6) prohibit the use of deadly force or the use of
force to a degree greater than is necessary to protect a person who
poses a danger only to the person and not to others, as based on the
situation;
(7) require the law enforcement agency to provide
training to peace officers of the agency on identifying behavior
that indicates a person is not a threat to others but is a person
with an intellectual disability or experiencing a mental health
crisis, a mental illness, or an extreme reaction to a controlled
substance;
(8) prohibit the use of deadly force that presents a
high risk of bodily injury to a bystander against whom the use of
force is not justified, unless no lesser degree of force could have
eliminated an imminent threat of death or serious bodily injury;
(9) require that a peace officer who interacts with a
member of the public to make an identification as a peace officer
before taking any action within the course and scope of the
officer's official duties, unless the identification would render
the action impracticable;
(10) require that, to the extent practicable, a peace
officer issue a warning to a person that force will be used before
the officer uses force against the person;
(11) prohibit the use of deadly force unless the use of
deadly force is immediately necessary to prevent serious bodily
injury to or the death of the officer or another;
(12) require the law enforcement agency to make
available and provide regular training on the use of less lethal
weapons to the peace officers of the agency to support the use of
de-escalation techniques by the officers, especially for officers
who regularly interact with members of the public or who are
assigned to duties involving regular interaction with persons with
a mental illness or an intellectual disability; and
(13) provide guidance on best practices in pursuing a
suspect fleeing arrest.
(b) In developing the model policy under this section, the
commission:
(1) shall consult with and solicit input from:
(A) the Bill Blackwood Law Enforcement
Management Institute of Texas located at Sam Houston State
University;
(B) the Caruth Police Institute located at the
University of North Texas at Dallas; and
(C) organizations representing law enforcement
administrators, law enforcement officers, prosecutors, criminal
defense attorneys, and the public; and
(2) may consult with and solicit input from any other
interested person the commission determines appropriate.
SECTION 4. (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 and implement the model policy
required by Article 2.33, Code of Criminal Procedure, as added by
this Act.
SECTION 5. This Act takes effect September 1, 2021.