88R8024 JCG-D
By: Manuel H.B. No. 2097
A BILL TO BE ENTITLED
AN ACT
relating to the duties of peace officers investigating a family
violence allegation or responding to a disturbance call that may
involve family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.04, Code of Criminal Procedure, is
amended by adding Subsection (d) to read as follows:
(d) A peace officer who investigates a family violence
allegation or responds to a disturbance call that may involve
family violence shall physically separate the individuals at the
scene and conduct an interview of the potential victim in a manner
that prevents the suspect from intimidating the victim while the
victim is providing statements and other evidence to the
investigating peace officer, including, at minimum, by:
(1) preventing the suspect from being able to make eye
contact with the victim or make any other nonverbal communication
to the victim;
(2) placing the suspect and victim into separate
rooms, if both are detained indoors; and
(3) to the extent practicable, preventing the suspect
from making verbal communications to the victim by:
(A) placing the suspect at a distance from the
victim at which speech is not likely to be overheard or
intelligible; or
(B) using physical barriers.
SECTION 2. This Act takes effect September 1, 2023.