| 1 | 1 | | 87R2495 JRR-D |
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| 2 | 2 | | By: Powell S.B. No. 664 |
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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 procedures for peace officers and emergency medical |
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| 8 | 8 | | services personnel who respond to calls involving an alleged or |
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| 9 | 9 | | suspected act of strangulation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.33 to read as follows: |
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| 13 | 13 | | Art. 2.33. PROCEDURES FOR RESPONDING TO CALLS INVOLVING |
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| 14 | 14 | | ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article: |
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| 15 | 15 | | (1) "Emergency medical services personnel" has the |
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| 16 | 16 | | meaning assigned by Section 773.003, Health and Safety Code. |
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| 17 | 17 | | (2) "Strangulation" means impeding the normal |
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| 18 | 18 | | breathing or circulation of the blood of a person by applying |
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| 19 | 19 | | pressure to the person's throat or neck or by blocking the person's |
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| 20 | 20 | | nose or mouth. |
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| 21 | 21 | | (b) A peace officer who responds to a call for service that |
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| 22 | 22 | | involves an alleged or suspected act of strangulation shall: |
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| 23 | 23 | | (1) request assistance from emergency medical |
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| 24 | 24 | | services personnel to evaluate and render aid to the victim of |
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| 25 | 25 | | strangulation; |
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| 26 | 26 | | (2) use the checklist developed under Section |
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| 27 | 27 | | 1701.165, Occupations Code, in providing appropriate assistance to |
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| 28 | 28 | | the victim; and |
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| 29 | 29 | | (3) provide the victim with referral information to |
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| 30 | 30 | | the appropriate support agency for purposes of receiving additional |
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| 31 | 31 | | assistance. |
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| 32 | 32 | | (c) The peace officer's report regarding the incident must |
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| 33 | 33 | | thoroughly document the following: |
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| 34 | 34 | | (1) the name, identification number, employment |
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| 35 | 35 | | agency, and unit number of all emergency medical services personnel |
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| 36 | 36 | | providing assistance under Subsection (b); |
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| 37 | 37 | | (2) victim and witness accounts of the suspect's |
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| 38 | 38 | | behavior, actions, and any comments made during the act of |
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| 39 | 39 | | strangulation; |
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| 40 | 40 | | (3) the officer's observations regarding the suspect's |
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| 41 | 41 | | behavior, actions, and any comments made after the officer's |
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| 42 | 42 | | arrival on the scene; and |
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| 43 | 43 | | (4) the referral information given to the victim under |
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| 44 | 44 | | Subsection (b)(3). |
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| 45 | 45 | | (d) Emergency medical services personnel providing |
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| 46 | 46 | | assistance under Subsection (b) shall conduct a medical evaluation |
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| 47 | 47 | | and assessment of the victim. |
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| 48 | 48 | | SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is |
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| 49 | 49 | | amended by adding Section 1701.165 to read as follows: |
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| 50 | 50 | | Sec. 1701.165. CHECKLIST FOR PEACE OFFICERS RESPONDING TO |
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| 51 | 51 | | CALLS INVOLVING ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In |
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| 52 | 52 | | this section, "strangulation" has the meaning assigned by Article |
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| 53 | 53 | | 2.33, Code of Criminal Procedure. |
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| 54 | 54 | | (b) The commission shall develop and make available to all |
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| 55 | 55 | | law enforcement agencies in this state a checklist to assist peace |
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| 56 | 56 | | officers in evaluating an alleged or suspected act of strangulation |
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| 57 | 57 | | and providing assistance to the victim of strangulation. |
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| 58 | 58 | | SECTION 3. (a) Not later than December 1, 2021, the Texas |
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| 59 | 59 | | Commission on Law Enforcement shall develop and make available the |
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| 60 | 60 | | checklist required by Section 1701.165, Occupations Code, as added |
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| 61 | 61 | | by this Act. |
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| 62 | 62 | | (b) A peace officer is not required to comply with Article |
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| 63 | 63 | | 2.33(b)(2), Code of Criminal Procedure, as added by this Act, until |
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| 64 | 64 | | January 1, 2022. |
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| 65 | 65 | | SECTION 4. This Act takes effect September 1, 2021. |
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