S.B. No. 69
AN ACT
relating to the use of force by peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.1387 and 2.33 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.
Art. 2.33. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST
PROHIBITED. A peace officer may not intentionally use a choke hold,
carotid artery hold, or similar neck restraint in searching or
arresting a person unless the restraint is necessary to prevent
serious bodily injury to or the death of the officer or another
person.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 69 passed the Senate on
April 28, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 28, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 69 passed the House, with
amendment, on May 25, 2021, by the following vote: Yeas 141,
Nays 5, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor