Texas 2021 - 87th Regular

Texas Senate Bill SB69 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 69
	1	+	By: Miles, et al. S.B. No. 69
	2	+	(White)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to the use of force by peace officers.
	7	+	relating to prohibiting peace officers from using neck restraints
	8	+	during a search or arrest.
6	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	10		SECTION 1. Chapter 2, Code of Criminal Procedure, is
8		-	amended by adding Articles 2.1387 and 2.33 to read as follows:
9		-	Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE;
10		-	REPORT REQUIRED. (a) A peace officer has a duty to intervene to
11		-	stop or prevent another peace officer from using force against a
12		-	person suspected of committing an offense if:
13		-	(1) the amount of force exceeds that which is
14		-	reasonable under the circumstances; and
15		-	(2) the officer knows or should know that the other
16		-	officer's use of force:
17		-	(A) violates state or federal law;
18		-	(B) puts a person at risk of bodily injury, as
19		-	that term is defined by Section 1.07, Penal Code, and is not
20		-	immediately necessary to avoid imminent bodily injury to a peace
21		-	officer or other person; and
22		-	(C) is not required to apprehend the person
23		-	suspected of committing an offense.
24		-	(b) A peace officer who witnesses the use of excessive force
25		-	by another peace officer shall promptly make a detailed report of
26		-	the incident and deliver the report to the supervisor of the peace
27		-	officer making the report.
	11	+	amended by adding Article 2.33 to read as follows:
28	12		Art. 2.33. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST
29	13		PROHIBITED. A peace officer may not intentionally use a choke hold,
30	14		carotid artery hold, or similar neck restraint in searching or
31	15		arresting a person unless the restraint is necessary to prevent
32	16		serious bodily injury to or the death of the officer or another
33	17		person.
34	18		SECTION 2. This Act takes effect September 1, 2021.
35		-	______________________________ ______________________________
36		-	President of the Senate Speaker of the House
37		-	I hereby certify that S.B. No. 69 passed the Senate on
38		-	April 28, 2021, by the following vote: Yeas 31, Nays 0; and that
39		-	the Senate concurred in House amendment on May 28, 2021, by the
40		-	following vote: Yeas 31, Nays 0.
41		-	______________________________
42		-	Secretary of the Senate
43		-	I hereby certify that S.B. No. 69 passed the House, with
44		-	amendment, on May 25, 2021, by the following vote: Yeas 141,
45		-	Nays 5, two present not voting.
46		-	______________________________
47		-	Chief Clerk of the House
48		-	Approved:
49		-	______________________________
50		-	Date
51		-	______________________________
52		-	Governor