87R2495 JRR-D
By: Powell S.B. No. 664
A BILL TO BE ENTITLED
AN ACT
relating to procedures for peace officers and emergency medical
services personnel who respond to calls involving an alleged or
suspected act of strangulation.
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. PROCEDURES FOR RESPONDING TO CALLS INVOLVING
ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In this article:
(1) "Emergency medical services personnel" has the
meaning assigned by Section 773.003, Health and Safety Code.
(2) "Strangulation" means impeding the normal
breathing or circulation of the blood of a person by applying
pressure to the person's throat or neck or by blocking the person's
nose or mouth.
(b) A peace officer who responds to a call for service that
involves an alleged or suspected act of strangulation shall:
(1) request assistance from emergency medical
services personnel to evaluate and render aid to the victim of
strangulation;
(2) use the checklist developed under Section
1701.165, Occupations Code, in providing appropriate assistance to
the victim; and
(3) provide the victim with referral information to
the appropriate support agency for purposes of receiving additional
assistance.
(c) The peace officer's report regarding the incident must
thoroughly document the following:
(1) the name, identification number, employment
agency, and unit number of all emergency medical services personnel
providing assistance under Subsection (b);
(2) victim and witness accounts of the suspect's
behavior, actions, and any comments made during the act of
strangulation;
(3) the officer's observations regarding the suspect's
behavior, actions, and any comments made after the officer's
arrival on the scene; and
(4) the referral information given to the victim under
Subsection (b)(3).
(d) Emergency medical services personnel providing
assistance under Subsection (b) shall conduct a medical evaluation
and assessment of the victim.
SECTION 2. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.165 to read as follows:
Sec. 1701.165. CHECKLIST FOR PEACE OFFICERS RESPONDING TO
CALLS INVOLVING ALLEGED OR SUSPECTED ACT OF STRANGULATION. (a) In
this section, "strangulation" has the meaning assigned by Article
2.33, Code of Criminal Procedure.
(b) The commission shall develop and make available to all
law enforcement agencies in this state a checklist to assist peace
officers in evaluating an alleged or suspected act of strangulation
and providing assistance to the victim of strangulation.
SECTION 3. (a) Not later than December 1, 2021, the Texas
Commission on Law Enforcement shall develop and make available the
checklist required by Section 1701.165, Occupations Code, as added
by this Act.
(b) A peace officer is not required to comply with Article
2.33(b)(2), Code of Criminal Procedure, as added by this Act, until
January 1, 2022.
SECTION 4. This Act takes effect September 1, 2021.