88R4784 SHH-D
By: Meza H.B. No. 1036
A BILL TO BE ENTITLED
AN ACT
relating to a law enforcement agency policy regarding the discharge
of a firearm by a peace officer at or in the direction of a moving
vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.1398 to read as follows:
Art. 2.1398. LAW ENFORCEMENT POLICY ON DISCHARGE OF FIREARM
AT MOVING VEHICLE. (a) In this article, "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 shall adopt a policy
regarding a peace officer discharging a firearm at or in the
direction of a moving vehicle.
(c) A policy adopted under this article must prohibit a
peace officer from discharging a firearm at or in the direction of a
moving vehicle unless the peace officer discharges the firearm only
when and to the degree the officer reasonably believes is
immediately necessary to protect the officer or another person from
the use of unlawful deadly force by an occupant of the vehicle by
means other than by using the moving vehicle to strike any person.
SECTION 2. Each law enforcement agency in this state shall
adopt the policy required by Article 2.1398, Code of Criminal
Procedure, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.