By: Miles S.B. No. 68
(In the Senate - Filed November 9, 2020; March 3, 2021, read
first time and referred to Committee on Jurisprudence;
April 19, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 19, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 68 By: Huffman
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 force against a
person suspected of committing an offense if:
(1) the amount of force exceeds that which is
reasonable under the circumstances; and
(2) the officer knows or should know that the other
officer's use of force:
(A) violates state or federal law;
(B) puts a person at risk of bodily injury, as
that term is defined by Section 1.07, Penal Code, and is not
immediately necessary to avoid imminent bodily injury to a peace
officer or other person; and
(C) is not required to apprehend the person
suspected of committing an offense.
(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 the peace
officer making the report.
SECTION 2. This Act takes effect September 1, 2021.
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