Texas 2021 - 87th Regular

Texas Senate Bill SB1545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11969 JCG-D
2	2	By: West S.B. No. 1545
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of force by peace officers and other officer
8	8	interactions and duties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Breonna Taylor and
11	11	Atatiana Jefferson Safe Use of Force Act.
12	12	SECTION 2. Chapter 2, Code of Criminal Procedure, is
13	13	amended by adding Articles 2.33 and 2.34 to read as follows:
14	14	Art. 2.33. LAW ENFORCEMENT POLICY ON USE OF FORCE AND
15	15	OFFICER INTERACTIONS. (a) In this article, "law enforcement
16	16	agency" means an agency of the state or an agency of a political
17	17	subdivision of the state authorized by law to employ peace
18	18	officers.
19	19	(b) Each law enforcement agency shall adopt and implement
20	20	the model policy developed by the Texas Commission on Law
21	21	Enforcement under Section 1701.165, Occupations Code.
22	22	Art. 2.34. DUTIES OF PEACE OFFICER PERFORMING WELFARE
23	23	CHECK. (a) In this article, "welfare check" means a call for
24	24	service requesting a peace officer to inquire into the health and
25	25	safety of a person at the person's residence.
26	26	(b) On arriving to the residence of a person who is the
27	27	subject of a welfare check, the peace officer performing the
28	28	welfare check shall:
29	29	(1) call the telephone number associated with the
30	30	residence, the person who is the subject of the requested welfare
31	31	check, or another person who lives at the residence; and
32	32	(2) document the result of the call.
33	33	SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
34	34	amended by adding Section 1701.165 to read as follows:
35	35	Sec. 1701.165. MODEL POLICY ON USE OF FORCE AND OTHER
36	36	OFFICER INTERACTIONS. (a) The commission shall develop and make
37	37	available to all law enforcement agencies in this state a model
38	38	policy and associated training materials regarding the use of force
39	39	by peace officers and other officer interactions. The model policy
40	40	must:
41	41	(1) emphasize conflict de-escalation and the use of
42	42	force in a manner proportionate to the threat posed and to the
43	43	seriousness of the alleged offense;
44	44	(2) require a peace officer to intervene if the use of
45	45	force by another peace officer:
46	46	(A) violates state or federal law or a policy of
47	47	any entity served by the other officer;
48	48	(B) puts any person at risk of bodily injury,
49	49	unless the officer reasonably believes that the other officer's use
50	50	of force is immediately necessary to avoid imminent harm to a peace
51	51	officer or another person; or
52	52	(C) is not required to apprehend or complete the
53	53	apprehension of a suspect;
54	54	(3) require a peace officer to provide aid immediately
55	55	to any person who needs medical attention, including a person who
56	56	needs medical attention as a result of the use of force by a peace
57	57	officer, unless providing the aid puts the officer at risk of bodily
58	58	injury;
59	59	(4) prohibit a peace officer from using a choke hold, a
60	60	carotid artery hold, or any other force against a person in a manner
61	61	that impedes the normal breathing or circulation of the blood of the
62	62	person by applying pressure to the person's throat or neck or by
63	63	blocking the person's nose or mouth, unless the peace officer is
64	64	engaged in a physical altercation with the person and the use of
65	65	force is immediately necessary to defend the officer from an
66	66	imminent threat of bodily injury or death;
67	67	(5) prohibit a peace officer from discharging a
68	68	firearm at a moving vehicle, unless:
69	69	(A) the vehicle is being used as a weapon against
70	70	the officer or against another person involved in the incident; or
71	71	(B) an occupant of the vehicle is using or
72	72	threatening to use deadly force by means other than by means of the
73	73	vehicle itself against the officer or another person involved in
74	74	the incident;
75	75	(6) prohibit the use of deadly force or the use of
76	76	force to a degree greater than is necessary to protect a person who
77	77	poses a danger only to the person and not to others, as based on the
78	78	situation;
79	79	(7) require the law enforcement agency to provide
80	80	training to peace officers of the agency on identifying behavior
81	81	that indicates a person is not a threat to others but is a person
82	82	with an intellectual disability or experiencing a mental health
83	83	crisis, a mental illness, or an extreme reaction to a controlled
84	84	substance;
85	85	(8) prohibit the use of deadly force that presents a
86	86	high risk of bodily injury to a bystander against whom the use of
87	87	force is not justified, unless no lesser degree of force could have
88	88	eliminated an imminent threat of death or serious bodily injury;
89	89	(9) require that a peace officer who interacts with a
90	90	member of the public to make an identification as a peace officer
91	91	before taking any action within the course and scope of the
92	92	officer's official duties, unless the identification would render
93	93	the action impracticable;
94	94	(10) require that, to the extent practicable, a peace
95	95	officer issue a warning to a person that force will be used before
96	96	the officer uses force against the person;
97	97	(11) prohibit the use of deadly force unless the use of
98	98	deadly force is immediately necessary to prevent serious bodily
99	99	injury to or the death of the officer or another;
100	100	(12) require the law enforcement agency to make
101	101	available and provide regular training on the use of less lethal
102	102	weapons to the peace officers of the agency to support the use of
103	103	de-escalation techniques by the officers, especially for officers
104	104	who regularly interact with members of the public or who are
105	105	assigned to duties involving regular interaction with persons with
106	106	a mental illness or an intellectual disability; and
107	107	(13) provide guidance on best practices in pursuing a
108	108	suspect fleeing arrest.
109	109	(b) In developing the model policy under this section, the
110	110	commission:
111	111	(1) shall consult with and solicit input from:
112	112	(A) the Bill Blackwood Law Enforcement
113	113	Management Institute of Texas located at Sam Houston State
114	114	University;
115	115	(B) the Caruth Police Institute located at the
116	116	University of North Texas at Dallas; and
117	117	(C) organizations representing law enforcement
118	118	administrators, law enforcement officers, prosecutors, criminal
119	119	defense attorneys, and the public; and
120	120	(2) may consult with and solicit input from any other
121	121	interested person the commission determines appropriate.
122	122	SECTION 4. (a) Not later than January 1, 2022, the Texas
123	123	Commission on Law Enforcement shall develop and make available the
124	124	model policy and associated training materials required under
125	125	Section 1701.165, Occupations Code, as added by this Act.
126	126	(b) Not later than March 1, 2022, each law enforcement
127	127	agency in this state shall adopt and implement the model policy
128	128	required by Article 2.33, Code of Criminal Procedure, as added by
129	129	this Act.
130	130	SECTION 5. This Act takes effect September 1, 2021.