87R797 ADM-D
By: Miles S.B. No. 68
A BILL TO BE ENTITLED
AN ACT
relating to a duty for peace officers to intervene and make a report
when a peace officer uses excessive force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1387 to read as follows:
Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE;
REPORT REQUIRED. (a) A peace officer has a duty to intervene to
stop or prevent another peace officer from using excessive force
against a person suspected of committing an offense if an ordinary,
prudent peace officer would intervene under the same or similar
circumstances.
(b) A peace officer who witnesses the use of excessive force
by another peace officer shall promptly make a detailed report of
the incident and deliver the report to the supervisor of:
(1) the peace officer making the report; and
(2) the peace officer who used the excessive force.
SECTION 2. This Act takes effect September 1, 2021.