| 1 | 1 | | 88R1099 AJZ-D |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 418 |
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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 and powers of peace officers. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 2.13(b), Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) The officer [shall]: |
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| 12 | 12 | | (1) may, if authorized [in every case authorized by |
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| 13 | 13 | | the provisions of this Code], interfere without warrant to prevent |
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| 14 | 14 | | or suppress crime; |
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| 15 | 15 | | (2) shall execute all lawful process issued to the |
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| 16 | 16 | | officer by any magistrate or court; |
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| 17 | 17 | | (3) shall give notice to some magistrate of all |
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| 18 | 18 | | offenses committed within the officer's jurisdiction, if [where] |
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| 19 | 19 | | the officer has probable cause [good reason] to believe there has |
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| 20 | 20 | | been a violation of the penal law; [and] |
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| 21 | 21 | | (4) may, if authorized, arrest offenders without |
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| 22 | 22 | | warrant so [in every case where the officer is authorized by law, in |
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| 23 | 23 | | order] that they may be taken before the proper magistrate or court |
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| 24 | 24 | | and be tried; |
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| 25 | 25 | | (5) shall make an identification as a peace officer |
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| 26 | 26 | | before taking any action within the course and scope of the |
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| 27 | 27 | | officer's official duties unless the identification would render |
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| 28 | 28 | | the action impracticable; and |
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| 29 | 29 | | (6) shall intervene to prevent an action by another |
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| 30 | 30 | | peace officer if: |
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| 31 | 31 | | (A) the action includes the use of force in an |
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| 32 | 32 | | amount that exceeds that which is reasonable under the |
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| 33 | 33 | | circumstances; |
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| 34 | 34 | | (B) the intervening officer knows or should know |
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| 35 | 35 | | that the other officer's action violates department policy or |
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| 36 | 36 | | local, state, or federal law; or |
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| 37 | 37 | | (C) the action puts a person at risk of bodily |
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| 38 | 38 | | injury, as that term is defined by Section 1.07, Penal Code, and is |
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| 39 | 39 | | not: |
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| 40 | 40 | | (i) immediately necessary to avoid imminent |
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| 41 | 41 | | bodily injury to a peace officer or other person; or |
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| 42 | 42 | | (ii) required to apprehend a person |
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| 43 | 43 | | suspected of committing an offense. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2023. |
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