| 1 | 1 | | By: Flores H.B. No. 4875 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a law enforcement agency policy regarding drug and |
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| 7 | 7 | | alcohol testing of peace officers involved in certain injuries or |
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| 8 | 8 | | deaths. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 2.1391 to read as follows: |
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| 12 | 12 | | Art. 2.1391. LAW ENFORCEMENT POLICY ON DRUG AND ALCOHOL |
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| 13 | 13 | | TESTING AFTER OFFICER-INVOLVED INJURIES OR DEATHS. (a) In this |
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| 14 | 14 | | article: |
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| 15 | 15 | | (1) "Deadly weapon" has the meaning assigned by |
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| 16 | 16 | | Article 2.139. |
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| 17 | 17 | | (2) "Law enforcement agency" has the meaning assigned |
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| 18 | 18 | | by Article 2.132. |
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| 19 | 19 | | (3) "Officer-involved injury or death" means any |
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| 20 | 20 | | serious bodily injury or death caused by a peace officer acting |
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| 21 | 21 | | under the authority of a political subdivision of the state. |
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| 22 | 22 | | (b) Each law enforcement agency in this state shall adopt a |
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| 23 | 23 | | detailed written policy requiring a peace officer who causes an |
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| 24 | 24 | | officer-involved injury or death to submit to the agency, not later |
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| 25 | 25 | | than two hours after the officer-involved injury or death, a |
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| 26 | 26 | | specimen of the officer's blood, urine, or other bodily substance |
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| 27 | 27 | | to assess: |
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| 28 | 28 | | (1) the officer's blood alcohol content; and |
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| 29 | 29 | | (2) whether there is a controlled substance in the |
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| 30 | 30 | | officer's body. |
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| 31 | 31 | | SECTION 2. Each law enforcement agency in this state shall |
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| 32 | 32 | | adopt the policy required by Article 2.1391, Code of Criminal |
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| 33 | 33 | | Procedure, as added by this Act, as soon as practicable after the |
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| 34 | 34 | | effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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