| 1 | 1 | | 88R5231 JCG-D |
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| 2 | 2 | | By: Zwiener H.B. No. 974 |
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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 law enforcement policies prohibiting a peace officer |
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| 8 | 8 | | from using less lethal projectiles for the purpose of controlling |
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| 9 | 9 | | the activity or movement of a gathering of people. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 2.36 to read as follows: |
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| 13 | 13 | | Art. 2.36. LAW ENFORCEMENT POLICY PROHIBITING USE OF |
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| 14 | 14 | | CERTAIN AMMUNITION FOR CROWD CONTROL. (a) In this article: |
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| 15 | 15 | | (1) "Law enforcement agency" means an agency of the |
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| 16 | 16 | | state or an agency of a political subdivision of the state |
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| 17 | 17 | | authorized by law to appoint or employ peace officers. |
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| 18 | 18 | | (2) "Less lethal projectile" means ammunition that is |
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| 19 | 19 | | discharged from a firearm or other device for the purpose of |
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| 20 | 20 | | incapacitating or substantially diminishing the capacity of the |
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| 21 | 21 | | target by inflicting blunt trauma and that is designed to reduce the |
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| 22 | 22 | | risk of serious bodily injury or death compared to more commonly |
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| 23 | 23 | | used ammunition such as bullets or other projectiles composed |
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| 24 | 24 | | primarily or entirely of metal. The term includes ammunition |
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| 25 | 25 | | commonly known as "rubber bullets," "wooden bullets," "sponge |
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| 26 | 26 | | rounds," and "bean bag rounds." |
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| 27 | 27 | | (b) Each law enforcement agency in this state shall adopt a |
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| 28 | 28 | | policy on crowd control that prohibits a peace officer appointed or |
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| 29 | 29 | | employed by the agency from using less lethal projectiles as a means |
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| 30 | 30 | | to control the activity or movement of a gathering of people. |
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| 31 | 31 | | SECTION 2. Not later than January 1, 2024, each law |
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| 32 | 32 | | enforcement agency in this state shall adopt the policy required by |
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| 33 | 33 | | Article 2.36, Code of Criminal Procedure, as added by this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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