Texas 2023 88th Regular

Texas House Bill HB418 Introduced / Bill

Filed 11/14/2022

                    88R1099 AJZ-D
 By: Thompson of Harris H.B. No. 418


 A BILL TO BE ENTITLED
 AN ACT
 relating to the duties and powers of peace officers.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 2.13(b), Code of Criminal Procedure, is
 amended to read as follows:
 (b)  The officer [shall]:
 (1)  may, if authorized [in every case authorized by
 the provisions of this Code], interfere without warrant to prevent
 or suppress crime;
 (2)  shall execute all lawful process issued to the
 officer by any magistrate or court;
 (3)  shall give notice to some magistrate of all
 offenses committed within the officer's jurisdiction, if [where]
 the officer has probable cause [good reason] to believe there has
 been a violation of the penal law; [and]
 (4)  may, if authorized, arrest offenders without
 warrant so [in every case where the officer is authorized by law, in
 order] that they may be taken before the proper magistrate or court
 and be tried;
 (5)  shall make an identification as a peace officer
 before taking any action within the course and scope of the
 officer's official duties unless the identification would render
 the action impracticable; and
 (6)  shall intervene to prevent an action by another
 peace officer if:
 (A)  the action includes the use of force in an
 amount that exceeds that which is reasonable under the
 circumstances;
 (B)  the intervening officer knows or should know
 that the other officer's action violates department policy or
 local, state, or federal law; or
 (C)  the action puts a person at risk of bodily
 injury, as that term is defined by Section 1.07, Penal Code, and is
 not:
 (i)  immediately necessary to avoid imminent
 bodily injury to a peace officer or other person; or
 (ii)  required to apprehend a person
 suspected of committing an offense.
 SECTION 2.  This Act takes effect September 1, 2023.