88R2670 JRR-D
By: Dutton H.B. No. 936
A BILL TO BE ENTITLED
AN ACT
relating to the use of deadly force to make an arrest.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 9.51(c) and (d), Penal Code, are
amended to read as follows:
(c) A peace officer is justified in using deadly force
against another when and to the degree the peace officer reasonably
believes the deadly force is immediately necessary to make an
arrest, or to prevent escape after arrest, if:
(1) the use of force would have been justified under
Subsection (a);
(2) the person to be arrested or attempting to escape
after arrest possesses a deadly weapon; and
(3) [:
[(1)] the peace officer [actor] reasonably believes:
(A) the conduct for which arrest is authorized
included the use or attempted use of deadly force; or
(B) [(2) the actor reasonably believes] there is
a substantial risk that the person to be arrested or attempting to
escape after arrest will cause death or serious bodily injury to the
actor or another if the arrest or apprehension is delayed.
(d) A person who is not [other than] a peace officer but is
acting in a peace officer's presence and at the officer's [his]
direction is justified in using deadly force against another when
and to the degree the person reasonably believes the deadly force is
immediately necessary to make a lawful arrest, or to prevent escape
after a lawful arrest, if:
(1) the use of force would have been justified under
Subsection (b);
(2) the person to be arrested or attempting to escape
after arrest possesses a deadly weapon; and
(3) [:
[(1)] the actor reasonably believes:
(A) the felony or offense against the public
peace for which arrest is authorized included the use or attempted
use of deadly force; or
(B) [(2) the actor reasonably believes] there
is a substantial risk that the person to be arrested or attempting
to escape after arrest will cause death or serious bodily injury to
another if the arrest or apprehension is delayed.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.