Texas 2023 - 88th Regular

Texas Senate Bill SB571 Compare Versions

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1	1	88R3465 AJZ-F
2	2	By: West S.B. No. 571
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to interactions between law enforcement and individuals
8	8	detained or arrested on suspicion of the commission of criminal
9	9	offenses, witnesses to the commission of those offenses, and other
10	10	members of the public, to peace officer liability for those
11	11	interactions, and to the confinement, conviction, or release of
12	12	detained or arrested individuals.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. This Act shall be known as the George Floyd Law
15	15	Enforcement Accountability Act.
16	16	SECTION 2. Title 6, Civil Practice and Remedies Code, is
17	17	amended by adding Chapter 135 to read as follows:
18	18	CHAPTER 135. PEACE OFFICER LIABILITY FOR DEPRIVATION OF CERTAIN
19	19	RIGHTS, PRIVILEGES, OR IMMUNITIES
20	20	Sec. 135.0001. DEFINITIONS. In this chapter:
21	21	(1) "Peace officer" has the meaning assigned by
22	22	Article 2.12, Code of Criminal Procedure.
23	23	(2) "Public entity" means:
24	24	(A) this state;
25	25	(B) a political subdivision of this state,
26	26	including a municipality or county; and
27	27	(C) any other governmental agency whose
28	28	authority is derived from the laws or constitution of this state.
29	29	Sec. 135.0002. PEACE OFFICER LIABILITY FOR DEPRIVATION OF
30	30	RIGHTS, PRIVILEGES, OR IMMUNITIES UNDER COLOR OF LAW. (a) A person
31	31	may bring an action for any appropriate relief, including legal or
32	32	equitable relief, against a peace officer who, under the color of
33	33	law, deprived the person of or caused the person to be deprived of a
34	34	right, privilege, or immunity secured by the Texas Constitution.
35	35	(b) A person must bring an action under this chapter not
36	36	later than two years after the date the cause of action accrues.
37	37	Sec. 135.0003. APPLICABILITY OF OTHER LAW; PROHIBITED
38	38	DEFENSES. (a) Notwithstanding any other law, a statutory immunity
39	39	or limitation on liability, damages, or attorney's fees does not
40	40	apply to an action brought under this chapter.
41	41	(b) Notwithstanding any other law, qualified immunity or a
42	42	defendant's good faith but erroneous belief in the lawfulness of
43	43	the defendant's conduct is not a defense to an action brought under
44	44	this chapter.
45	45	Sec. 135.0004. ATTORNEY'S FEES AND COSTS. (a) In an action
46	46	brought under this chapter, a court shall award reasonable
47	47	attorney's fees and costs to a prevailing plaintiff.
48	48	(b) In an action brought under this chapter, if a judgment
49	49	is entered in favor of a defendant, the court may award reasonable
50	50	attorney's fees and costs to the defendant only for defending
51	51	claims the court finds frivolous.
52	52	Sec. 135.0005. INDEMNIFICATION REQUIRED; EXCEPTION. (a)
53	53	Notwithstanding any other law and except as provided by Subsection
54	54	(b), a public entity shall indemnify a peace officer employed by the
55	55	entity for liability incurred by and a judgment imposed against the
56	56	officer in an action brought under this chapter.
57	57	(b) A public entity is not required to indemnify a peace
58	58	officer employed by the entity under Subsection (a) if the officer
59	59	was convicted of a criminal violation for the conduct that is the
60	60	basis for the action brought under this chapter.
61	61	SECTION 3. Article 2.13(b), Code of Criminal Procedure, is
62	62	amended to read as follows:
63	63	(b) The officer [shall]:
64	64	(1) may, if authorized [in every case authorized by
65	65	the provisions of this Code], interfere without warrant to prevent
66	66	or suppress crime;
67	67	(2) shall execute all lawful process issued to the
68	68	officer by any magistrate or court;
69	69	(3) shall give notice to some magistrate of all
70	70	offenses committed within the officer's jurisdiction, if [where]
71	71	the officer has probable cause [good reason] to believe there has
72	72	been a violation of the penal law; [and]
73	73	(4) may, if authorized, arrest offenders without
74	74	warrant so [in every case where the officer is authorized by law, in
75	75	order] that they may be taken before the proper magistrate or court
76	76	and be tried;
77	77	(5) shall make an identification as a peace officer
78	78	before taking any action within the course and scope of the
79	79	officer's official duties unless the identification would render
80	80	the action impracticable;
81	81	(6) shall intervene if the use of force by another
82	82	peace officer:
83	83	(A) violates state or federal law or a policy of
84	84	any entity served by the other officer;
85	85	(B) puts any person at risk of bodily injury,
86	86	unless the officer reasonably believes that the other officer's use
87	87	of force is immediately necessary to avoid imminent harm to a peace
88	88	officer or other person; or
89	89	(C) is not required to apprehend or complete the
90	90	apprehension of a suspect; and
91	91	(7) shall provide aid immediately to any person who
92	92	needs medical attention, including a person who needs medical
93	93	attention as a result of the use of force by a peace officer.
94	94	SECTION 4. Chapter 2, Code of Criminal Procedure, is
95	95	amended by adding Articles 2.1309 and 2.36 to read as follows:
96	96	Art. 2.1309. CITE AND RELEASE POLICY. (a) In this article,
97	97	"law enforcement agency" means an agency of the state or an agency
98	98	of a political subdivision of the state authorized by law to employ
99	99	peace officers.
100	100	(b) Texas Southern University, in consultation with law
101	101	enforcement agencies, law enforcement associations, law
102	102	enforcement training experts, and community organizations engaged
103	103	in the development of law enforcement policy, shall publish a
104	104	written model policy regarding the issuance of citations for
105	105	misdemeanor offenses, including traffic offenses, that are
106	106	punishable by fine only. The policy must provide a procedure for a
107	107	peace officer, on a person's presentation of appropriate
108	108	identification, to verify the person's identity and issue a
109	109	citation to the person. The policy must comply with Articles 14.01,
110	110	14.03, and 14.06 of this code and Sections 543.001 and 543.004,
111	111	Transportation Code.
112	112	(c) Each law enforcement agency shall adopt a written policy
113	113	regarding the issuance of citations for misdemeanor offenses,
114	114	including traffic offenses, that are punishable by fine only. The
115	115	policy must meet the requirements for the model policy described by
116	116	Subsection (b). A law enforcement agency may adopt the model policy
117	117	published by Texas Southern University under Subsection (b).
118	118	Art. 2.36. LAW ENFORCEMENT POLICY ON DE-ESCALATION AND
119	119	PROPORTIONATE RESPONSE. (a) In this article, "law enforcement
120	120	agency" means an agency of the state or an agency of a political
121	121	subdivision of the state authorized by law to employ peace
122	122	officers.
123	123	(b) Each law enforcement agency shall adopt a detailed
124	124	written policy regarding the use of force by peace officers. The
125	125	policy must:
126	126	(1) emphasize conflict de-escalation and the use of
127	127	force in a manner proportionate to the threat posed and to the
128	128	seriousness of the alleged offense;
129	129	(2) mandate that deadly force is only to be used by
130	130	peace officers as a last resort; and
131	131	(3) affirm the sanctity of human life and the
132	132	importance of treating all persons with dignity and respect.
133	133	(c) A law enforcement agency may adopt the model policy
134	134	developed by the Texas Commission on Law Enforcement under Section
135	135	1701.165, Occupations Code, or may adopt its own policy.
136	136	SECTION 5. Article 14.01, Code of Criminal Procedure, is
137	137	amended by adding Subsection (c) to read as follows:
138	138	(c) Notwithstanding Subsection (a) or (b), a peace officer
139	139	or any other person may not, without a warrant, arrest an offender
140	140	for a misdemeanor punishable by fine only, other than an offense
141	141	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
142	142	Penal Code.
143	143	SECTION 6. Article 14.03, Code of Criminal Procedure, is
144	144	amended by adding Subsection (i) to read as follows:
145	145	(i) Notwithstanding Subsection (a), (d), or (g), a peace
146	146	officer may not, without a warrant, arrest a person who only commits
147	147	one or more offenses punishable by fine only, other than an offense
148	148	under Section 22.01(a)(2) or (3), Penal Code, or Section 49.02,
149	149	Penal Code.
150	150	SECTION 7. Article 14.06, Code of Criminal Procedure, is
151	151	amended by amending Subsection (b) and adding Subsection (b-1) to
152	152	read as follows:
153	153	(b) A peace officer who is charging a person, including a
154	154	child, with committing an offense that is a [Class C] misdemeanor
155	155	punishable by fine only, other than an offense under Section 49.02,
156	156	Penal Code, shall [may], instead of taking the person before a
157	157	magistrate, issue a citation to the person that contains:
158	158	(1) written notice of the time and place the person
159	159	must appear before a magistrate;
160	160	(2) the name and address of the person charged;
161	161	(3) the offense charged;
162	162	(4) information regarding the alternatives to the full
163	163	payment of any fine or costs assessed against the person, if the
164	164	person is convicted of the offense and is unable to pay that amount;
165	165	and
166	166	(5) the following admonishment, in boldfaced or
167	167	underlined type or in capital letters:
168	168	"If you are convicted of a misdemeanor offense involving
169	169	violence where you are or were a spouse, intimate partner, parent,
170	170	or guardian of the victim or are or were involved in another,
171	171	similar relationship with the victim, it may be unlawful for you to
172	172	possess or purchase a firearm, including a handgun or long gun, or
173	173	ammunition, pursuant to federal law under 18 U.S.C. Section
174	174	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
175	175	questions whether these laws make it illegal for you to possess or
176	176	purchase a firearm, you should consult an attorney."
177	177	(b-1) Notwithstanding Subsection (b), a peace officer who
178	178	is charging a person, including a child, with committing an offense
179	179	that is a misdemeanor under Section 22.01(a)(2) or (3), Penal Code,
180	180	punishable by fine only may, instead of taking the person before a
181	181	magistrate, issue a citation to the person that contains all of the
182	182	information required for a citation issued under Subsection (b).
183	183	SECTION 8. Article 38.141, Code of Criminal Procedure, is
184	184	amended to read as follows:
185	185	Art. 38.141. CORROBORATION REQUIRED FOR CERTAIN TESTIMONY
186	186	RELATING TO COVERT LAW ENFORCEMENT ACTIVITY [OF UNDERCOVER PEACE
187	187	OFFICER OR SPECIAL INVESTIGATOR]. (a) A defendant may not be
188	188	convicted of an offense under Chapter 481, Health and Safety Code,
189	189	on the testimony of a person who is [not a licensed peace officer or
190	190	a special investigator but who is] acting covertly on behalf of a
191	191	law enforcement agency or under the color of law enforcement unless
192	192	the testimony is corroborated by other evidence tending to connect
193	193	the defendant with the offense committed.
194	194	(b) Corroboration is not sufficient for the purposes of this
195	195	article if the corroboration only shows the commission of the
196	196	offense.
197	197	[(c) In this article, "peace officer" means a person listed
198	198	in Article 2.12, and "special investigator" means a person listed
199	199	in Article 2.122.]
200	200	SECTION 9. Subchapter B, Chapter 142, Local Government
201	201	Code, is amended by adding Section 142.0605 to read as follows:
202	202	Sec. 142.0605. PROGRESSIVE DISCIPLINARY MATRIX. (a) A
203	203	public employer shall implement a progressive disciplinary matrix,
204	204	as described by Section 143.0511, for municipal police officers if
205	205	the municipality has not adopted Chapter 143.
206	206	(b) The public employer shall adopt rules necessary to
207	207	implement the progressive disciplinary matrix.
208	208	SECTION 10. Section 142.067, Local Government Code, is
209	209	amended to read as follows:
210	210	Sec. 142.067. AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.
211	211	(a) Except as provided by Subsection (b), a [A] written meet and
212	212	confer agreement ratified under this subchapter preempts, during
213	213	the term of the agreement and to the extent of any conflict, all
214	214	contrary state statutes, local ordinances, executive orders, civil
215	215	service provisions, or rules adopted by the head of the law
216	216	enforcement agency or municipality or by a division or agent of the
217	217	municipality, such as a personnel board or a civil service
218	218	commission.
219	219	(b) An agreement under this subchapter:
220	220	(1) must implement the progressive disciplinary
221	221	matrix established under Section 142.0605 or 143.0511; and
222	222	(2) may not conflict with and does not supersede a
223	223	statute, ordinance, order, civil service provision, or rule
224	224	concerning the disciplinary actions that may be imposed on a police
225	225	officer under the progressive disciplinary matrix.
226	226	SECTION 11. Section 143.003, Local Government Code, is
227	227	amended by adding Subdivision (6) to read as follows:
228	228	(6) "Progressive disciplinary matrix" means a formal
229	229	schedule for disciplinary actions that may be taken against a
230	230	police officer as described by Section 143.0511.
231	231	SECTION 12. Section 143.008, Local Government Code, is
232	232	amended by amending Subsection (c) and adding Subsection (c-1) to
233	233	read as follows:
234	234	(c) The commission shall adopt rules that prescribe cause
235	235	for removal or suspension of a fire fighter [or police officer]. The
236	236	rules must comply with the grounds for removal prescribed by
237	237	Section 143.051.
238	238	(c-1) The commission shall adopt rules that prescribe the
239	239	disciplinary actions that may be taken against a police officer
240	240	under a progressive disciplinary matrix.
241	241	SECTION 13. Subchapter D, Chapter 143, Local Government
242	242	Code, is amended by adding Section 143.0511 to read as follows:
243	243	Sec. 143.0511. PROGRESSIVE DISCIPLINARY MATRIX. (a) The
244	244	commission shall implement a progressive disciplinary matrix for
245	245	infractions committed by police officers that consists of a range
246	246	of progressive disciplinary actions applied in a standardized way
247	247	based on the nature of the infraction and the officer's prior
248	248	conduct record, including removal, suspension, change of duty or
249	249	assignment, demotion, deduction of points from a promotional
250	250	examination grade, retraining, a written warning, or a written
251	251	reprimand.
252	252	(b) The progressive disciplinary matrix must include:
253	253	(1) standards for disciplinary actions relating to the
254	254	use of force against another person, including the failure to
255	255	de-escalate force incidents in accordance with departmental
256	256	policy;
257	257	(2) standards for evaluating the level of discipline
258	258	appropriate for uncommon infractions; and
259	259	(3) presumptive actions to be taken for each type of
260	260	infraction and any adjustment to be made based on a police officer's
261	261	previous disciplinary record.
262	262	SECTION 14. Section 143.057, Local Government Code, is
263	263	amended by amending Subsection (a) and adding Subsection (b-1) to
264	264	read as follows:
265	265	(a) In addition to the other notice requirements prescribed
266	266	by this chapter, the written notice for a promotional bypass or the
267	267	letter of disciplinary action, as applicable, issued to a fire
268	268	fighter or police officer must state that in an appeal of an
269	269	indefinite suspension, a suspension, a promotional bypass, [or] a
270	270	recommended demotion, or, if issued to a police officer, any other
271	271	disciplinary sanction, the appealing fire fighter or police officer
272	272	may elect to appeal to an independent third party hearing examiner
273	273	instead of to the commission. The letter must also state that if the
274	274	fire fighter or police officer elects to appeal to a hearing
275	275	examiner, the person waives all rights to appeal to a district court
276	276	except as provided by Subsection (j).
277	277	(b-1) A hearing examiner must presume a disciplinary action
278	278	applied to a police officer under a progressive disciplinary matrix
279	279	is reasonable unless the facts indicate that the department
280	280	inappropriately applied a category of offense to the particular
281	281	violation.
282	282	SECTION 15. Section 143.307, Local Government Code, is
283	283	amended by amending Subsections (a) and (b) and adding Subsection
284	284	(d) to read as follows:
285	285	(a) Except as provided by Subsection (d), an [An] agreement
286	286	under this subchapter supersedes a previous statute concerning
287	287	wages, salaries, rates of pay, hours of work, or other terms and
288	288	conditions of employment to the extent of any conflict with the
289	289	statute.
290	290	(b) Except as provided by Subsection (d), an [An] agreement
291	291	under this subchapter preempts any contrary statute, executive
292	292	order, local ordinance, or rule adopted by the state or a political
293	293	subdivision or agent of the state, including a personnel board, a
294	294	civil service commission, or a home-rule municipality.
295	295	(d) An agreement under this subchapter affecting police
296	296	officers:
297	297	(1) must implement the progressive disciplinary
298	298	matrix established under Section 143.0511; and
299	299	(2) may not conflict with and does not supersede a
300	300	statute, order, ordinance, or rule concerning the disciplinary
301	301	actions that may be imposed on a police officer under the
302	302	progressive disciplinary matrix.
303	303	SECTION 16. Section 143.361, Local Government Code, is
304	304	amended by amending Subsections (a) and (b) and adding Subsection
305	305	(d) to read as follows:
306	306	(a) Except as provided by Subsection (d), a [A] written
307	307	agreement ratified under this subchapter between a public employer
308	308	and the bargaining agent supersedes a previous statute concerning
309	309	wages, salaries, rates of pay, hours of work, and other terms of
310	310	employment other than pension benefits to the extent of any
311	311	conflict with the previous statute.
312	312	(b) Except as provided by Subsection (d), a [A] written
313	313	agreement ratified under this subchapter preempts all contrary
314	314	local ordinances, executive orders, legislation, or rules adopted
315	315	by the state or a political subdivision or agent of the state, such
316	316	as a personnel board, a civil service commission, or a home-rule
317	317	municipality.
318	318	(d) An agreement under this subchapter affecting police
319	319	officers:
320	320	(1) must implement the progressive disciplinary
321	321	matrix established under Section 143.0511; and
322	322	(2) may not conflict with and does not supersede an
323	323	ordinance, order, statute, or rule concerning the disciplinary
324	324	actions that may be imposed on a police officer under the
325	325	progressive disciplinary matrix.
326	326	SECTION 17. Section 174.005, Local Government Code, is
327	327	amended to read as follows:
328	328	Sec. 174.005. PREEMPTION OF OTHER LAW. (a) Except as
329	329	provided by Subsection (b), this [This] chapter preempts all
330	330	contrary local ordinances, executive orders, legislation, or rules
331	331	adopted by the state or by a political subdivision or agent of the
332	332	state, including a personnel board, civil service commission, or
333	333	home-rule municipality.
334	334	(b) This chapter does not authorize the adoption or
335	335	implementation of an agreement that conflicts with an ordinance,
336	336	order, statute, or rule concerning the disciplinary actions that
337	337	may be imposed on municipal police officers under a progressive
338	338	disciplinary matrix implemented by the municipal public employer.
339	339	SECTION 18. Subchapter B, Chapter 174, Local Government
340	340	Code, is amended by adding Section 174.024 to read as follows:
341	341	Sec. 174.024. PROGRESSIVE DISCIPLINARY MATRIX FOR CERTAIN
342	342	POLICE OFFICERS. (a) A municipal public employer shall implement a
343	343	progressive disciplinary matrix, as described by Section 143.0511,
344	344	for municipal police officers if the municipality has not adopted
345	345	Chapter 143.
346	346	(b) The municipal public employer shall adopt rules
347	347	necessary to implement the progressive disciplinary matrix.
348	348	SECTION 19. Subchapter D, Chapter 1701, Occupations Code,
349	349	is amended by adding Section 1701.165 to read as follows:
350	350	Sec. 1701.165. MODEL POLICY ON USE OF FORCE. (a) The
351	351	commission shall develop and make available to all law enforcement
352	352	agencies in this state a model policy and associated training
353	353	materials regarding the use of force by peace officers. The model
354	354	policy must:
355	355	(1) be designed to minimize the number and severity of
356	356	incidents in which peace officers use force; and
357	357	(2) be consistent with the requirements of Article
358	358	2.36(b), Code of Criminal Procedure, and the guiding principles on
359	359	the use of force issued by the Police Executive Research Forum.
360	360	(b) In developing a model policy under this section, the
361	361	commission shall consult with:
362	362	(1) law enforcement agencies and organizations,
363	363	including the Police Executive Research Forum and other national
364	364	experts on police management and training; and
365	365	(2) community organizations.
366	366	(c) On request of a law enforcement agency, the commission
367	367	shall provide the agency with training regarding the model policy
368	368	developed under Subsection (a).
369	369	SECTION 20. Sections 9.51(a), (b), (c), and (d), Penal
370	370	Code, are amended to read as follows:
371	371	(a) A peace officer, or a person acting in a peace officer's
372	372	presence and at the officer's [his] direction, is justified in
373	373	using nonlethal force against another when and to the degree [the
374	374	actor reasonably believes] the force is immediately necessary to
375	375	make or assist in making an arrest or search, or to prevent or
376	376	assist in preventing escape after arrest, if:
377	377	(1) the actor reasonably believes the arrest or search
378	378	is lawful or, if the arrest or search is made under a warrant, the
379	379	actor [he] reasonably believes the warrant is valid; [and]
380	380	(2) before using nonlethal force, the actor:
381	381	(A) manifests the actor's [his] purpose to arrest
382	382	or search and identifies the actor [himself] as a peace officer or
383	383	as a person [one] acting at a peace officer's direction, unless the
384	384	actor [he] reasonably believes the actor's [his] purpose and
385	385	identity are already known by or cannot reasonably be made known to
386	386	the person for whom the arrest or search is authorized;
387	387	(B) attempts to de-escalate the situation; and
388	388	(C) issues a warning that force will be used;
389	389	(3) the nonlethal force used is proportionate to the
390	390	threat posed and to the seriousness of the alleged offense;
391	391	(4) the actor immediately terminates the use of the
392	392	nonlethal force the moment the person against whom force is used
393	393	becomes compliant or is subdued; and
394	394	(5) the use of the nonlethal force does not present a
395	395	serious risk of injury to any person other than the actor or the
396	396	person against whom the force is used [to be arrested].
397	397	(b) A person who is not [other than] a peace officer [(] or
398	398	[one] acting at a peace officer's [his] direction [)] is justified
399	399	in using nonlethal force against another when and to the degree [the
400	400	actor reasonably believes] the force is immediately necessary to
401	401	make or assist in making a lawful arrest, or to prevent or assist in
402	402	preventing escape after lawful arrest if:
403	403	(1) [,] before using nonlethal force, the actor:
404	404	(A) manifests the actor's [his] purpose to arrest
405	405	and the reason for the arrest or reasonably believes the actor's
406	406	[his] purpose and the reason are already known by or cannot
407	407	reasonably be made known to the person for whom arrest is
408	408	authorized;
409	409	(B) attempts to de-escalate the situation; and
410	410	(C) issues a warning that force will be used;
411	411	(2) the nonlethal force used is proportionate to the
412	412	threat posed and to the seriousness of the alleged offense;
413	413	(3) the actor immediately terminates the use of the
414	414	nonlethal force the moment the person against whom force is used
415	415	becomes compliant or is subdued; and
416	416	(4) the use of the nonlethal force does not present a
417	417	serious risk of injury to any person other than the actor or the
418	418	person against whom the force is used [to be arrested].
419	419	(c) A peace officer is only justified in using deadly force
420	420	against another when and to the degree [the peace officer
421	421	reasonably believes] the deadly force is immediately necessary to
422	422	make an arrest, or to prevent escape after arrest, if the use of
423	423	force would have been justified under Subsection (a) and:
424	424	(1) [the actor reasonably believes the conduct for
425	425	which arrest is authorized included the use or attempted use of
426	426	deadly force; or
427	427	[(2) the actor reasonably believes there is a
428	428	substantial risk that] the person for whom arrest is authorized
429	429	poses an imminent threat of [to be arrested will cause] death or
430	430	serious bodily injury to the actor or another;
431	431	(2) the deadly force is used only against the person
432	432	for whom arrest is authorized;
433	433	(3) the actor immediately terminates the use of deadly
434	434	force the moment the imminent threat of death or serious bodily
435	435	injury is eliminated; and
436	436	(4) no lesser degree of force could have eliminated
437	437	the imminent threat of death or serious bodily injury [if the arrest
438	438	is delayed].
439	439	(d) A person who is not [other than] a peace officer but is
440	440	acting in a peace officer's presence and at the officer's [his]
441	441	direction is justified in using deadly force against another when
442	442	and to the degree [the person reasonably believes] the deadly force
443	443	is immediately necessary to make a lawful arrest, or to prevent
444	444	escape after a lawful arrest, if the use of force would have been
445	445	justified under Subsection (b) and:
446	446	(1) [the actor reasonably believes the felony or
447	447	offense against the public peace for which arrest is authorized
448	448	included the use or attempted use of deadly force; or
449	449	[(2) the actor reasonably believes there is a
450	450	substantial risk that] the person for whom arrest is authorized
451	451	poses an imminent threat of [to be arrested will cause] death or
452	452	serious bodily injury to another;
453	453	(2) the deadly force is used only against the person
454	454	for whom arrest is authorized;
455	455	(3) the actor immediately terminates the use of deadly
456	456	force the moment the imminent threat of death or serious bodily
457	457	injury is eliminated; and
458	458	(4) no lesser degree of force could have eliminated
459	459	the imminent threat of death or serious bodily injury [if the arrest
460	460	is delayed].
461	461	SECTION 21. Subchapter E, Chapter 9, Penal Code, is amended
462	462	by adding Section 9.515 to read as follows:
463	463	Sec. 9.515. PROHIBITED TECHNIQUES. Notwithstanding any
464	464	other law, the use of nonlethal force or deadly force against a
465	465	person is not justified under Section 9.51 if the nonlethal force or
466	466	deadly force is used in a manner that impedes the normal breathing
467	467	or circulation of the blood of the person by applying pressure to
468	468	the person's throat or neck or by blocking the person's nose or
469	469	mouth.
470	470	SECTION 22. Section 543.001, Transportation Code, is
471	471	amended to read as follows:
472	472	Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace
473	473	officer may arrest without warrant a person found committing a
474	474	violation of this subtitle, other than a person found only
475	475	committing one or more misdemeanors punishable by fine only.
476	476	SECTION 23. Section 543.004(a), Transportation Code, is
477	477	amended to read as follows:
478	478	(a) An officer shall issue a written notice to appear if:
479	479	(1) the offense charged is a misdemeanor under this
480	480	subtitle that is punishable by fine only[:
481	481	[(A) speeding;
482	482	[(B) the use of a wireless communication device
483	483	under Section 545.4251; or
484	484	[(C) a violation of the open container law,
485	485	Section 49.031, Penal Code]; and
486	486	(2) the person makes a written promise to appear in
487	487	court as provided by Section 543.005.
488	488	SECTION 24. Section 9.51(e), Penal Code, is repealed.
489	489	SECTION 25. Chapter 135, Civil Practice and Remedies Code,
490	490	as added by this Act, applies only to a cause of action that accrues
491	491	on or after the effective date of this Act.
492	492	SECTION 26. The changes in law made by this Act to the Local
493	493	Government Code apply only to a disciplinary action for conduct
494	494	that occurs on or after March 1, 2024. Conduct that occurs before
495	495	that date is governed by the law in effect immediately before that
496	496	date, and the former law is continued in effect for that purpose.
497	497	SECTION 27. Sections 142.067(b), 143.307(d), 143.361(d),
498	498	and 174.005(b), Local Government Code, as added by this Act, apply
499	499	only to an agreement entered into or renewed on or after March 1,
500	500	2024. An agreement entered into or renewed before March 1, 2024, is
501	501	governed by the law in effect on the date the agreement was entered
502	502	into or renewed, and the former law is continued in effect for that
503	503	purpose.
504	504	SECTION 28. (a) The Bill Blackwood Law Enforcement
505	505	Management Institute of Texas shall consult with law enforcement
506	506	agencies of all sizes, law enforcement associations, law
507	507	enforcement training experts, and appropriate organizations
508	508	engaged in the development of law enforcement policy to develop a
509	509	model progressive disciplinary matrix, as defined by Section
510	510	143.003(6), Local Government Code, as added by this Act, and
511	511	associated training materials regarding the application of that
512	512	matrix. The institute shall provide for a period of public comment
513	513	before adopting the model progressive disciplinary matrix and
514	514	training materials.
515	515	(b) Not later than January 1, 2024, the institute shall
516	516	adopt and disseminate the model progressive disciplinary matrix and
517	517	training materials to all law enforcement agencies and civil
518	518	service commissions in this state.
519	519	(c) This section expires September 1, 2024.
520	520	SECTION 29. Articles 14.01(c) and 14.03(i), Code of
521	521	Criminal Procedure, as added by this Act, Article 14.06, Code of
522	522	Criminal Procedure, as amended by this Act, Section 9.515, Penal
523	523	Code, as added by this Act, and Sections 543.001 and 543.004,
524	524	Transportation Code, as amended by this Act, apply only to an
525	525	offense committed on or after the effective date of this Act. An
526	526	offense committed before the effective date of this Act is governed
527	527	by the law in effect on the date the offense was committed, and the
528	528	former law is continued in effect for that purpose. For purposes of
529	529	this section, an offense was committed before the effective date of
530	530	this Act if any element of the offense occurred before that date.
531	531	SECTION 30. (a) Not later than January 1, 2024, Texas
532	532	Southern University shall publish the model policy required by
533	533	Article 2.1309(b), Code of Criminal Procedure, as added by this
534	534	Act.
535	535	(b) Not later than March 1, 2024, each law enforcement
536	536	agency in this state shall adopt the policy required by Article
537	537	2.1309(c), Code of Criminal Procedure, as added by this Act.
538	538	SECTION 31. Article 38.141, Code of Criminal Procedure, as
539	539	amended by this Act, applies to any case in which a judgment is
540	540	entered on or after the effective date of this Act. A case in which
541	541	a judgment is entered before the effective date of this Act is
542	542	governed by the law in effect on the date the judgment was entered,
543	543	and the former law is continued in effect for that purpose.
544	544	SECTION 32. (a) Not later than January 1, 2024, the Texas
545	545	Commission on Law Enforcement shall develop and make available the
546	546	model policy and associated training materials required under
547	547	Section 1701.165, Occupations Code, as added by this Act.
548	548	(b) Not later than March 1, 2024, each law enforcement
549	549	agency in this state shall adopt the policy required by Article
550	550	2.36, Code of Criminal Procedure, as added by this Act.
551	551	(c) Section 9.51, Penal Code, as amended by this Act,
552	552	applies only to use of force that occurs on or after March 1, 2024.
553	553	SECTION 33. This Act takes effect September 1, 2023.