| 1 | 1 | | 88R8024 JCG-D |
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| 2 | 2 | | By: Manuel H.B. No. 2097 |
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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 the duties of peace officers investigating a family |
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| 8 | 8 | | violence allegation or responding to a disturbance call that may |
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| 9 | 9 | | involve family violence. |
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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. Article 5.04, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (d) to read as follows: |
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| 13 | 13 | | (d) A peace officer who investigates a family violence |
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| 14 | 14 | | allegation or responds to a disturbance call that may involve |
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| 15 | 15 | | family violence shall physically separate the individuals at the |
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| 16 | 16 | | scene and conduct an interview of the potential victim in a manner |
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| 17 | 17 | | that prevents the suspect from intimidating the victim while the |
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| 18 | 18 | | victim is providing statements and other evidence to the |
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| 19 | 19 | | investigating peace officer, including, at minimum, by: |
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| 20 | 20 | | (1) preventing the suspect from being able to make eye |
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| 21 | 21 | | contact with the victim or make any other nonverbal communication |
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| 22 | 22 | | to the victim; |
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| 23 | 23 | | (2) placing the suspect and victim into separate |
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| 24 | 24 | | rooms, if both are detained indoors; and |
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| 25 | 25 | | (3) to the extent practicable, preventing the suspect |
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| 26 | 26 | | from making verbal communications to the victim by: |
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| 27 | 27 | | (A) placing the suspect at a distance from the |
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| 28 | 28 | | victim at which speech is not likely to be overheard or |
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| 29 | 29 | | intelligible; or |
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| 30 | 30 | | (B) using physical barriers. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2023. |
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