Relating to the duty of a peace officer to use a standardized lethality assessment protocol when investigating a family violence allegation or responding to a disturbance call that may involve family violence; providing training requirements for peace officers and reporting requirements for the Department of Public Safety.
Impact
The bill outlines that peace officers will be required to administer a series of specific questions to assess the risk of lethality. Examples of these questions include inquiries about previous threats, access to weapons, and controlling behavior from the aggressor. The information collected from this assessment will not only provide immediate support and assistance to potential victims but also mandate systematic reporting and record-keeping by law enforcement agencies to better understand and address the issue of family violence in the state.
Summary
House Bill 4493, titled the Family Violence Lethality Assessment Act, aims to enhance the safety of individuals involved in domestic violence situations by establishing a mandatory lethality assessment protocol for law enforcement personnel. This bill mandates that all peace officers use a standardized screening tool when investigating allegations of family violence or responding to disturbance calls that may involve such situations. The goal is to identify victims who are at a high risk of severe bodily harm or death, thus ensuring timely access to necessary resources and intervention.
Contention
While the bill is primarily focused on improving response measures to domestic violence, discussions may arise regarding the implications for peace officers in carrying out these protocols. Some may argue about the adequacy of training and resources necessary to effectively implement these assessments. Additionally, there may be concerns regarding privacy and the potential for misuse of the collected data. Balancing victim protection while ensuring the rights of individuals involved will likely be a focal point of debate as the bill progresses through the legislative process.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 5. Family Violence Prevention
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence.
Relating to the duties of peace officers investigating a family violence allegation or responding to a disturbance call that may involve family violence.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.