| 3 | 2 | | |
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| 4 | 3 | | |
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| 5 | 4 | | A BILL TO BE ENTITLED |
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| 6 | 5 | | AN ACT |
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| 7 | 6 | | relating to a duty for peace officers to intervene and make a report |
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| 8 | 7 | | when a peace officer uses excessive force. |
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| 9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 9 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 10 | | amended by adding Article 2.1387 to read as follows: |
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| 12 | 11 | | Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; |
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| 13 | 12 | | REPORT REQUIRED. (a) A peace officer has a duty to intervene to |
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| 14 | 13 | | stop or prevent another peace officer from using force against a |
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| 15 | 14 | | person suspected of committing an offense if: |
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| 16 | 15 | | (1) the amount of force exceeds that which is |
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| 17 | 16 | | reasonable under the circumstances; and |
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| 18 | 17 | | (2) the officer knows or should know that the other |
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| 19 | 18 | | officer's use of force: |
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| 20 | 19 | | (A) violates state or federal law; |
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| 21 | 20 | | (B) puts a person at risk of bodily injury, as |
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| 22 | 21 | | that term is defined by Section 1.07, Penal Code, and is not |
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| 23 | 22 | | immediately necessary to avoid imminent bodily injury to a peace |
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| 24 | 23 | | officer or other person; and |
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| 25 | 24 | | (C) is not required to apprehend the person |
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| 26 | 25 | | suspected of committing an offense. |
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| 27 | 26 | | (b) A peace officer who witnesses the use of excessive force |
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| 28 | 27 | | by another peace officer shall promptly make a detailed report of |
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| 29 | 28 | | the incident and deliver the report to the supervisor of the peace |
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| 30 | 29 | | officer making the report. |
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| 31 | 30 | | SECTION 2. This Act takes effect September 1, 2021. |
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