Texas 2023 - 88th Regular

Texas House Bill HB415 Compare Versions

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Version 2 (New)

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1	1	88R1116 JCG-F
2	2	By: Thompson of Harris H.B. No. 415
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the duty of a peace officer to request and render aid
8	8	for an injured person.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 2.33, Code of Criminal Procedure, as
11	11	added by Chapter 979 (S.B. 2212), Acts of the 87th Legislature,
12	12	Regular Session, 2021, is redesignated as Article 2.35, Code of
13	13	Criminal Procedure, and amended to read as follows:
14	14	Art. 2.35 [2.33]. DUTY TO REQUEST AND RENDER AID. (a)
15	15	Except as provided by Subsection (b), a peace officer who
16	16	encounters an injured person while discharging the officer's
17	17	official duties shall immediately and as necessary:
18	18	(1) request emergency medical services personnel to
19	19	provide the person with emergency medical services; and
20	20	(2) while waiting for emergency medical services
21	21	personnel to arrive, provide first aid or treatment to the person to
22	22	the extent of the officer's skill and training.
23	23	(b) The peace officer is not required to request emergency
24	24	medical services or provide first aid or treatment under Subsection
25	25	(a) if:
26	26	(1) making the request or providing the treatment
27	27	would expose the officer or another person to a likely risk of
28	28	serious bodily injury; or
29	29	(2) the officer is injured and physically unable to
30	30	make the request or provide the treatment.
31	31	SECTION 2. Section 1701.2551(b), Occupations Code, is
32	32	amended to read as follows:
33	33	(b) The basic peace officer training course must include
34	34	training on:
35	35	(1) the prohibition against the intentional use of a
36	36	choke hold, carotid artery hold, or similar neck restraint by a
37	37	peace officer in searching or arresting a person, unless the
38	38	officer reasonably believes the restraint is necessary to prevent
39	39	serious bodily injury to or the death of the peace officer or
40	40	another person;
41	41	(2) the duty of a peace officer to intervene to stop or
42	42	prevent another peace officer from using force against a person
43	43	suspected of committing an offense if:
44	44	(A) the amount of force exceeds that which is
45	45	reasonable under the circumstances; and
46	46	(B) the officer knows or should know that the
47	47	other officer's use of force:
48	48	(i) violates state or federal law;
49	49	(ii) puts a person at risk of bodily injury,
50	50	as that term is defined by Section 1.07, Penal Code, and is not
51	51	immediately necessary to avoid imminent bodily injury to a peace
52	52	officer or other person; and
53	53	(iii) is not required to apprehend the
54	54	person suspected of committing an offense; and
55	55	(3) the duty of a peace officer [who encounters an
56	56	injured person while discharging the officer's official duties] to
57	57	[immediately and as necessary] request [emergency medical services
58	58	personnel to provide the person with emergency medical services]
59	59	and render [, while waiting for emergency medical services
60	60	personnel to arrive, provide first] aid for an injured [or
61	61	treatment to the] person as prescribed by Article 2.35, Code of
62	62	Criminal Procedure [to the extent of the officer's skills and
63	63	training, unless the request for emergency medical services
64	64	personnel or the provision of first aid or treatment would expose
65	65	the officer or another person to a risk of bodily injury or the
66	66	officer is injured and physically unable to make the request or
67	67	provide the treatment].
68	68	SECTION 3. Section 1701.269(b), Occupations Code, as added
69	69	by Chapter 722 (H.B. 3712), Acts of the 87th Legislature, Regular
70	70	Session, 2021, is amended to read as follows:
71	71	(b) The model training curriculum and model policies
72	72	developed under Subsection (a) must include:
73	73	(1) curriculum and policies for banning the use of a
74	74	choke hold, carotid artery hold, or similar neck restraint by a
75	75	peace officer in searching or arresting a person, unless the
76	76	officer reasonably believes the restraint is necessary to prevent
77	77	serious bodily injury to or the death of the peace officer or
78	78	another person;
79	79	(2) curriculum and policies regarding the duty of a
80	80	peace officer to intervene to stop or prevent another peace officer
81	81	from using force against a person suspected of committing an
82	82	offense if:
83	83	(A) the amount of force exceeds that which is
84	84	reasonable under the circumstances; and
85	85	(B) the officer knows or should know that the
86	86	other officer's use of force:
87	87	(i) violates state or federal law;
88	88	(ii) puts a person at risk of bodily injury,
89	89	as that term is defined by Section 1.07, Penal Code, and is not
90	90	immediately necessary to avoid imminent bodily injury to a peace
91	91	officer or other person; and
92	92	(iii) is not required to apprehend the
93	93	person suspected of committing an offense; and
94	94	(3) curriculum and policies regarding the duty of a
95	95	peace officer [who encounters an injured person while discharging
96	96	the officer's official duties] to [immediately and as necessary]
97	97	request [emergency medical services personnel to provide the person
98	98	with emergency medical services] and render [, while waiting for
99	99	emergency medical services personnel to arrive, provide first] aid
100	100	for an injured [or treatment to the] person as prescribed by Article
101	101	2.35, Code of Criminal Procedure [to the extent of the officer's
102	102	skills and training, unless the request for emergency medical
103	103	services personnel or the provision of first aid or treatment would
104	104	expose the officer or another person to a risk of bodily injury or
105	105	the officer is injured and physically unable to make the request or
106	106	provide the treatment].
107	107	SECTION 4. To the extent of any conflict, this Act prevails
108	108	over another Act of the 88th Legislature, Regular Session, 2023,
109	109	relating to nonsubstantive additions to and corrections in enacted
110	110	codes.
111	111	SECTION 5. This Act takes effect September 1, 2023.