| 1 | 1 | | 87R9318 JCG-D |
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| 2 | 2 | | By: Miles S.B. No. 747 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to law enforcement policies prohibiting a peace officer |
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| 8 | 8 | | from using a chemical device against a minor. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.33 to read as follows: |
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| 12 | 12 | | Art. 2.33. LAW ENFORCEMENT POLICY PROHIBITING USE OF |
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| 13 | 13 | | CHEMICAL DEVICE AGAINST MINOR. (a) In this article: |
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| 14 | 14 | | (1) "Chemical device" means a device used against a |
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| 15 | 15 | | targeted person for the purpose of incapacitating or substantially |
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| 16 | 16 | | diminishing the capacity of that person by causing chemical |
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| 17 | 17 | | irritation of the eyes, throat, lungs, or skin. The term includes |
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| 18 | 18 | | chemical devices commonly known as "pepper spray." |
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| 19 | 19 | | (2) "Law enforcement agency" means an agency of the |
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| 20 | 20 | | state or an agency of a political subdivision of the state |
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| 21 | 21 | | authorized by law to employ peace officers. |
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| 22 | 22 | | (b) Each law enforcement agency in this state shall adopt a |
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| 23 | 23 | | policy prohibiting a peace officer of the agency from using a |
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| 24 | 24 | | chemical device against a person younger than 18 years of age. |
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| 25 | 25 | | SECTION 2. Not later than January 1, 2022, each law |
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| 26 | 26 | | enforcement agency in this state shall adopt the policy required by |
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| 27 | 27 | | Article 2.33, Code of Criminal Procedure, as added by this Act. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2021. |
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