| 1 | 1 | | 88R2670 JRR-D |
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| 2 | 2 | | By: Dutton H.B. No. 936 |
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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 use of deadly force to make an arrest. |
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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. Sections 9.51(c) and (d), Penal Code, are |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (c) A peace officer is justified in using deadly force |
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| 12 | 12 | | against another when and to the degree the peace officer reasonably |
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| 13 | 13 | | believes the deadly force is immediately necessary to make an |
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| 14 | 14 | | arrest, or to prevent escape after arrest, if: |
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| 15 | 15 | | (1) the use of force would have been justified under |
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| 16 | 16 | | Subsection (a); |
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| 17 | 17 | | (2) the person to be arrested or attempting to escape |
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| 18 | 18 | | after arrest possesses a deadly weapon; and |
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| 19 | 19 | | (3) [: |
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| 20 | 20 | | [(1)] the peace officer [actor] reasonably believes: |
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| 21 | 21 | | (A) the conduct for which arrest is authorized |
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| 22 | 22 | | included the use or attempted use of deadly force; or |
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| 23 | 23 | | (B) [(2) the actor reasonably believes] there is |
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| 24 | 24 | | a substantial risk that the person to be arrested or attempting to |
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| 25 | 25 | | escape after arrest will cause death or serious bodily injury to the |
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| 26 | 26 | | actor or another if the arrest or apprehension is delayed. |
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| 27 | 27 | | (d) A person who is not [other than] a peace officer but is |
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| 28 | 28 | | acting in a peace officer's presence and at the officer's [his] |
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| 29 | 29 | | direction is justified in using deadly force against another when |
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| 30 | 30 | | and to the degree the person reasonably believes the deadly force is |
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| 31 | 31 | | immediately necessary to make a lawful arrest, or to prevent escape |
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| 32 | 32 | | after a lawful arrest, if: |
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| 33 | 33 | | (1) the use of force would have been justified under |
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| 34 | 34 | | Subsection (b); |
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| 35 | 35 | | (2) the person to be arrested or attempting to escape |
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| 36 | 36 | | after arrest possesses a deadly weapon; and |
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| 37 | 37 | | (3) [: |
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| 38 | 38 | | [(1)] the actor reasonably believes: |
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| 39 | 39 | | (A) the felony or offense against the public |
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| 40 | 40 | | peace for which arrest is authorized included the use or attempted |
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| 41 | 41 | | use of deadly force; or |
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| 42 | 42 | | (B) [(2) the actor reasonably believes] there |
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| 43 | 43 | | is a substantial risk that the person to be arrested or attempting |
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| 44 | 44 | | to escape after arrest will cause death or serious bodily injury to |
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| 45 | 45 | | another if the arrest or apprehension is delayed. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to an offense committed on or after the effective date of this Act. |
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| 48 | 48 | | An offense committed before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For |
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| 51 | 51 | | purposes of this section, an offense was committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense occurred |
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| 53 | 53 | | before that date. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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