89R15689 JSC-F
By: Jones of Harris H.B. No. 4493
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Family Violence
Lethality Assessment Act.
SECTION 2. (a) The legislature finds that:
(1) family violence is a serious public health and
safety issue that often escalates to severe bodily injury or death;
(2) studies have shown that certain risk factors can
predict the likelihood of lethal violence in family violence
situations; and
(3) the use of a lethality assessment protocol by law
enforcement officers at the scene of an assault or family violence
incident can help identify victims at high risk of serious bodily
injury or death and connect victims with necessary resources.
(b) The purpose of this Act is to require all law
enforcement agencies in this state to administer a standardized
lethality assessment questionnaire when investigating a family
violence allegation or responding to a disturbance call that may
involve family violence.
SECTION 3. Chapter 5, Code of Criminal Procedure, is
amended by adding Article 5.042 to read as follows:
Art. 5.042. LETHALITY ASSESSMENT PROTOCOL. (a) In this
article, "lethality assessment protocol" means a standardized
screening tool administered by law enforcement officers to assess
the risk of serious bodily injury or death in cases of family
violence.
(b) In addition to a peace officer's duties under Article
5.04, a peace officer who investigates a family violence allegation
or who responds to a disturbance call that may involve family
violence shall immediately administer a lethality assessment
protocol under this article on arrival at the scene if:
(1) there is physical evidence of an assault;
(2) the alleged victim exhibits fear or distress; or
(3) the officer believes there is an ongoing threat to
the safety of the victim or other person, such as a child, who is
present at the scene.
(c) An officer administering the lethality assessment
protocol shall ask the alleged victim the following questions:
(1) "Has the aggressor ever used or threatened to use a
weapon against you or your children?";
(2) "Has the aggressor ever threatened to kill you or
your children?";
(3) "Do you believe the aggressor will try to kill you
or your children?";
(4) "Has the aggressor ever choked or attempted to
choke you or your children?";
(5) "Does the aggressor have access to or the ability
to easily obtain a gun?";
(6) "Is the aggressor violently or constantly jealous,
or does the aggressor control most of your daily activities?";
(7) "Have you recently left or separated from the
aggressor after living together or being married?";
(8) "Is the aggressor unemployed?";
(9) "To your knowledge, has the aggressor ever
attempted suicide?";
(10) "Do you have a child that the aggressor believes
is not his biological offspring?";
(11) "Has the aggressor ever followed, spied on, or
left threatening messages for you?"; and
(12) "Is there anything else that makes you fear for
the safety of you or your children?".
(d) If the victim answers "yes" to any question under
Subsections (c)(1)-(5) or answers "yes" to a total of four or more
questions under Subsection (c), the officer shall:
(1) inform the victim and other persons present at the
scene, as applicable, that they are at high risk of serious bodily
injury or death;
(2) contact a family violence center or victim
advocate for assistance;
(3) immediately escort the victim and other persons,
as applicable, from the premises or provide standby assistance
under Article 5.045; and
(4) inform the victim about the procedure for applying
for a protective order.
(e) If, based on the victim's answers to the questions under
Subsection (c), the requirements of Subsection (d) do not apply,
the officer shall assist the victim in safety planning and refer the
victim to local family violence support services if, in the
officer's opinion, the victim exhibits signs of distress.
(f) Each law enforcement agency shall:
(1) maintain a record of each lethality assessment
administered by an officer of that agency as provided by this
article, including:
(A) the number of times the assessment was
conducted;
(B) the number of cases identified as high risk;
and
(C) the number of victims referred to local
family violence support services; and
(2) provide the information described by Subdivision
(1) to the Department of Public Safety in the form and manner
prescribed by the department.
SECTION 4. Subchapter D, Chapter 411, Government Code, is
amended by adding Section 411.056 to read as follows:
Sec. 411.056. ANNUAL REPORT ON USE OF FAMILY VIOLENCE
LETHALITY ASSESSMENT PROTOCOL. (a) In this section, "lethality
assessment protocol" has the meaning assigned by Article 5.042(a),
Code of Criminal Procedure.
(b) Not later than May 30 of each year, the department shall
submit to the legislature a report on the use of the lethality
assessment protocol in responding to cases of family violence.
(c) The department shall compile the report required under
this section by aggregating the data received from law enforcement
agencies under Article 5.042(f), Code of Criminal Procedure, and
any other relevant data available to the department.
SECTION 5. Section 1701.253, Occupations Code, is amended
by adding Subsection (u) to read as follows:
(u) As part of the minimum curriculum requirements, the
commission shall require an officer to complete the training
program established under Section 1701.273.
SECTION 6. Subchapter F, Chapter 1701, Occupations Code, is
amended by adding Section 1701.273 to read as follows:
Sec. 1701.273. TRAINING PROGRAM ON FAMILY VIOLENCE
LETHALITY ASSESSMENT PROTOCOL. (a) In this section, "lethality
assessment protocol" has the meaning assigned by Article 5.042(a),
Code of Criminal Procedure.
(b) The commission by rule shall establish and maintain a
training program on:
(1) administering the lethality assessment protocol;
and
(2) recognizing high-risk family violence cases.
(c) The commission shall require an officer to complete the
training program unless the officer has completed the training
under Section 1701.253(u) or other training equivalent to the
training program as determined by the commission.
SECTION 7. Article 5.042, Code of Criminal Procedure, as
added by this Act, applies only to a peace officer's investigation
or response that occurs on or after the effective date of this Act.
An investigation or response that occurs before the effective date
of this Act is governed by the law in effect on the date that the
investigation or response occurred, and the former law is continued
in effect for that purpose.
SECTION 8. As soon as practicable after the effective date
of this Act, the Texas Commission on Law Enforcement shall adopt
rules necessary to implement the changes in law made by this Act to
Chapter 1701, Occupations Code.
SECTION 9. The minimum curriculum requirements under
Section 1701.253(u), Occupations Code, as added by this Act, apply
only to an officer who first begins to satisfy those requirements on
or after January 1, 2026.
SECTION 10. An officer who, on September 1, 2025, holds a
license under Chapter 1701, Occupations Code, shall complete the
training required by Section 1701.273, Occupations Code, as added
by this Act, not later than September 1, 2029.
SECTION 11. This Act takes effect September 1, 2025.