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.