88R12994 MZM-D
By: West S.B. No. 2096
A BILL TO BE ENTITLED
AN ACT
relating to the use of force by peace officers and other officer
interactions and duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Atatiana Jefferson
Safe Use of Force Act.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Articles 2.36 and 2.37 to read as follows:
Art. 2.36. LAW ENFORCEMENT POLICY ON USE OF FORCE AND
OFFICER INTERACTIONS. (a) In this article, "law enforcement
agency" means an agency of the state or an agency of a political
subdivision of the state authorized by law to employ peace
officers.
(b) Each law enforcement agency shall adopt and implement
the model policy developed by the Texas Commission on Law
Enforcement under Section 1701.165, Occupations Code.
Art. 2.37. DUTIES OF PEACE OFFICER PERFORMING WELFARE
CHECK. (a) In this article, "welfare check" means a call for
service requesting a peace officer to inquire into the health and
safety of a person at the person's residence.
(b) On arriving to the residence of a person who is the
subject of a welfare check, the peace officer performing the
welfare check shall:
(1) call the telephone number associated with the
residence, the person who is the subject of the requested welfare
check, or another person who lives at the residence; and
(2) document the result of the call.
SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is
amended by adding Section 1701.165 to read as follows:
Sec. 1701.165. MODEL POLICY ON USE OF FORCE AND OTHER
OFFICER INTERACTIONS. (a) The commission shall develop and make
available to all law enforcement agencies in this state a model
policy and associated training materials regarding the use of force
by peace officers and other officer interactions. The model policy
must:
(1) contain instructions on conflict de-escalation
and the use of force in a manner proportionate to the threat posed
and to the seriousness of the alleged offense;
(2) prohibit a peace officer from discharging a
firearm at a moving vehicle, unless:
(A) the vehicle is clearly being used as a weapon
against the officer or against another person involved in the
incident; or
(B) an occupant of the vehicle is using or
threatening to use deadly force by means other than by means of the
vehicle itself against the officer or another person involved in
the incident;
(3) require training on using the minimum amount of
force necessary to protect a person who poses a danger only to the
person and not to others, as based on the situation;
(4) require the law enforcement agency to provide
training on methods to assist peace officers of the agency on
identifying behaviors that indicate a person is not a threat to
others but is a person with an intellectual disability or
experiencing a mental health crisis, a mental illness, or an
extreme reaction to a controlled substance;
(5) require training on using the minimum amount of
force necessary in situations that present a high risk of bodily
injury to a bystander against whom the use of force is not
justified;
(6) require a peace officer who is not in uniform and
who interacts with a member of the public to make an identification
as a peace officer before taking any action within the course and
scope of the officer's official duties, unless the identification
would render the action impracticable;
(7) prohibit the use of deadly force unless the use of
deadly force is immediately necessary to prevent serious bodily
injury to or the death of the officer or another;
(8) require a law enforcement agency that allows peace
officers to use lethal weapons to have a policy regarding the use of
those weapons and to provide regular peace officer training on the
use of less lethal weapons to support the use of de-escalation
techniques by the officers, especially for officers who regularly
interact with members of the public or who are assigned to duties
involving regular interaction with persons with a mental illness or
an intellectual disability; and
(9) provide guidance on best practices in pursuing a
suspect fleeing arrest.
(b) In developing the model policy under this section, the
commission:
(1) shall consult with and solicit input from:
(A) the Bill Blackwood Law Enforcement
Management Institute of Texas located at Sam Houston State
University;
(B) the Caruth Police Institute located at the
University of North Texas at Dallas; and
(C) organizations representing law enforcement
administrators, law enforcement officers, prosecutors, criminal
defense attorneys, and the public; and
(2) may consult with and solicit input from any other
interested person the commission determines appropriate.
SECTION 4. (a) Not later than January 1, 2024, the Texas
Commission on Law Enforcement shall develop and make available the
model policy and associated training materials required under
Section 1701.165, Occupations Code, as added by this Act.
(b) Not later than March 1, 2024, each law enforcement
agency in this state shall adopt and implement the model policy
required by Article 2.36, Code of Criminal Procedure, as added by
this Act.
SECTION 5. This Act takes effect September 1, 2023.