| 1 | 1 | | 88R4784 SHH-D |
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| 2 | 2 | | By: Meza H.B. No. 1036 |
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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 a law enforcement agency policy regarding the discharge |
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| 8 | 8 | | of a firearm by a peace officer at or in the direction of a moving |
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| 9 | 9 | | vehicle. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.1398 to read as follows: |
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| 13 | 13 | | Art. 2.1398. LAW ENFORCEMENT POLICY ON DISCHARGE OF FIREARM |
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| 14 | 14 | | AT MOVING VEHICLE. (a) In this article, "law enforcement agency" |
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| 15 | 15 | | means an agency of the state or an agency of a political subdivision |
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| 16 | 16 | | of the state authorized by law to employ peace officers. |
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| 17 | 17 | | (b) Each law enforcement agency shall adopt a policy |
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| 18 | 18 | | regarding a peace officer discharging a firearm at or in the |
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| 19 | 19 | | direction of a moving vehicle. |
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| 20 | 20 | | (c) A policy adopted under this article must prohibit a |
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| 21 | 21 | | peace officer from discharging a firearm at or in the direction of a |
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| 22 | 22 | | moving vehicle unless the peace officer discharges the firearm only |
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| 23 | 23 | | when and to the degree the officer reasonably believes is |
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| 24 | 24 | | immediately necessary to protect the officer or another person from |
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| 25 | 25 | | the use of unlawful deadly force by an occupant of the vehicle by |
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| 26 | 26 | | means other than by using the moving vehicle to strike any person. |
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| 27 | 27 | | SECTION 2. Each law enforcement agency in this state shall |
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| 28 | 28 | | adopt the policy required by Article 2.1398, Code of Criminal |
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| 29 | 29 | | Procedure, as added by this Act, as soon as practicable after the |
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| 30 | 30 | | effective date of this Act. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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