Texas 2023 - 88th Regular

Texas Senate Bill SB2096 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12994 MZM-D
2	2	By: West S.B. No. 2096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of force by peace officers and other officer
8	8	interactions and duties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act shall be known as the Atatiana Jefferson
11	11	Safe Use of Force Act.
12	12	SECTION 2. Chapter 2, Code of Criminal Procedure, is
13	13	amended by adding Articles 2.36 and 2.37 to read as follows:
14	14	Art. 2.36. LAW ENFORCEMENT POLICY ON USE OF FORCE AND
15	15	OFFICER INTERACTIONS. (a) In this article, "law enforcement
16	16	agency" means an agency of the state or an agency of a political
17	17	subdivision of the state authorized by law to employ peace
18	18	officers.
19	19	(b) Each law enforcement agency shall adopt and implement
20	20	the model policy developed by the Texas Commission on Law
21	21	Enforcement under Section 1701.165, Occupations Code.
22	22	Art. 2.37. DUTIES OF PEACE OFFICER PERFORMING WELFARE
23	23	CHECK. (a) In this article, "welfare check" means a call for
24	24	service requesting a peace officer to inquire into the health and
25	25	safety of a person at the person's residence.
26	26	(b) On arriving to the residence of a person who is the
27	27	subject of a welfare check, the peace officer performing the
28	28	welfare check shall:
29	29	(1) call the telephone number associated with the
30	30	residence, the person who is the subject of the requested welfare
31	31	check, or another person who lives at the residence; and
32	32	(2) document the result of the call.
33	33	SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
34	34	amended by adding Section 1701.165 to read as follows:
35	35	Sec. 1701.165. MODEL POLICY ON USE OF FORCE AND OTHER
36	36	OFFICER INTERACTIONS. (a) The commission shall develop and make
37	37	available to all law enforcement agencies in this state a model
38	38	policy and associated training materials regarding the use of force
39	39	by peace officers and other officer interactions. The model policy
40	40	must:
41	41	(1) contain instructions on conflict de-escalation
42	42	and the use of force in a manner proportionate to the threat posed
43	43	and to the seriousness of the alleged offense;
44	44	(2) prohibit a peace officer from discharging a
45	45	firearm at a moving vehicle, unless:
46	46	(A) the vehicle is clearly being used as a weapon
47	47	against the officer or against another person involved in the
48	48	incident; or
49	49	(B) an occupant of the vehicle is using or
50	50	threatening to use deadly force by means other than by means of the
51	51	vehicle itself against the officer or another person involved in
52	52	the incident;
53	53	(3) require training on using the minimum amount of
54	54	force necessary to protect a person who poses a danger only to the
55	55	person and not to others, as based on the situation;
56	56	(4) require the law enforcement agency to provide
57	57	training on methods to assist peace officers of the agency on
58	58	identifying behaviors that indicate a person is not a threat to
59	59	others but is a person with an intellectual disability or
60	60	experiencing a mental health crisis, a mental illness, or an
61	61	extreme reaction to a controlled substance;
62	62	(5) require training on using the minimum amount of
63	63	force necessary in situations that present a high risk of bodily
64	64	injury to a bystander against whom the use of force is not
65	65	justified;
66	66	(6) require a peace officer who is not in uniform and
67	67	who interacts with a member of the public to make an identification
68	68	as a peace officer before taking any action within the course and
69	69	scope of the officer's official duties, unless the identification
70	70	would render the action impracticable;
71	71	(7) prohibit the use of deadly force unless the use of
72	72	deadly force is immediately necessary to prevent serious bodily
73	73	injury to or the death of the officer or another;
74	74	(8) require a law enforcement agency that allows peace
75	75	officers to use lethal weapons to have a policy regarding the use of
76	76	those weapons and to provide regular peace officer training on the
77	77	use of less lethal weapons to support the use of de-escalation
78	78	techniques by the officers, especially for officers who regularly
79	79	interact with members of the public or who are assigned to duties
80	80	involving regular interaction with persons with a mental illness or
81	81	an intellectual disability; and
82	82	(9) provide guidance on best practices in pursuing a
83	83	suspect fleeing arrest.
84	84	(b) In developing the model policy under this section, the
85	85	commission:
86	86	(1) shall consult with and solicit input from:
87	87	(A) the Bill Blackwood Law Enforcement
88	88	Management Institute of Texas located at Sam Houston State
89	89	University;
90	90	(B) the Caruth Police Institute located at the
91	91	University of North Texas at Dallas; and
92	92	(C) organizations representing law enforcement
93	93	administrators, law enforcement officers, prosecutors, criminal
94	94	defense attorneys, and the public; and
95	95	(2) may consult with and solicit input from any other
96	96	interested person the commission determines appropriate.
97	97	SECTION 4. (a) Not later than January 1, 2024, the Texas
98	98	Commission on Law Enforcement shall develop and make available the
99	99	model policy and associated training materials required under
100	100	Section 1701.165, Occupations Code, as added by this Act.
101	101	(b) Not later than March 1, 2024, each law enforcement
102	102	agency in this state shall adopt and implement the model policy
103	103	required by Article 2.36, Code of Criminal Procedure, as added by
104	104	this Act.
105	105	SECTION 5. This Act takes effect September 1, 2023.