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