Texas House Bill HB1036

Texas 2023 - 88th Regular

• Filed: 12/19/22

Caption

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.

Impact

The introduction of HB 1036 is expected to significantly impact the operational procedures of law enforcement agencies across the state. By mandating a specific policy regarding firearm discharge, the bill intends to reduce occurrences of excessive force and enhance accountability among peace officers. This legislative change is particularly pertinent in light of ongoing discussions surrounding police reform and the use of deadly force, aiming to ensure a standard approach that prioritizes the protection of lives, including those of suspects and bystanders alike.

Summary

House Bill 1036 aims to establish a standardized policy for law enforcement agencies concerning the discharge of firearms at or in the direction of moving vehicles. This legislation requires every law enforcement agency in Texas to adopt a policy that prohibits officers from firing at moving vehicles unless it’s immediately necessary for self-defense or to protect another person from unlawful deadly force. The goal is to mitigate the risks and potential fatalities associated with such actions, thereby addressing public safety concerns linked to police encounters involving moving vehicles.

Sentiment

The sentiment around HB 1036 appears to be generally positive, with many supporters advocating for stricter regulations on police conduct as a step towards improving community relations and enhancing public safety. Proponents of the bill view it as a necessary measure in the broader context of police reform. However, there may also be reservations among certain law enforcement circles regarding the practical implementation of such policies and concerns about officer safety in volatile situations.

Contention

While the bill seeks to clarify the circumstances under which officers may discharge their weapons at moving vehicles, it could spark debates regarding officer discretion and the potential implications for police operations in high-stress scenarios. Some stakeholders may argue that strict regulations could hinder effective policing and put officers at greater risk during confrontations. Nevertheless, the overarching intent of HB 1036 is to provide a clear and consistent framework that balance officer authority with the need for responsible policing.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 2. General Duties Of Officers
  • Section: 1398