1 | 1 | | 89R1387 GP-F |
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2 | 2 | | By: Thompson H.B. No. 888 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the duty of a peace officer to request and render aid |
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10 | 10 | | for an injured person. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Article 2B.0301(b), Code of Criminal Procedure, |
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13 | 13 | | is amended to read as follows: |
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14 | 14 | | (b) The peace officer is not required to request emergency |
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15 | 15 | | medical services or provide first aid or treatment under Subsection |
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16 | 16 | | (a) if: |
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17 | 17 | | (1) making the request or providing the treatment |
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18 | 18 | | would expose the officer or another person to a likely risk of |
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19 | 19 | | serious bodily injury; or |
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20 | 20 | | (2) the officer is injured and physically unable to |
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21 | 21 | | make the request or provide the treatment. |
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22 | 22 | | SECTION 2. Section 1701.2551(b), Occupations Code, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | (b) The basic peace officer training course must include |
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25 | 25 | | training on: |
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26 | 26 | | (1) the prohibition against the intentional use of a |
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27 | 27 | | choke hold, carotid artery hold, or similar neck restraint by a |
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28 | 28 | | peace officer in searching or arresting a person, unless the |
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29 | 29 | | officer reasonably believes the restraint is necessary to prevent |
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30 | 30 | | serious bodily injury to or the death of the peace officer or |
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31 | 31 | | another person; |
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32 | 32 | | (2) the duty of a peace officer to intervene to stop or |
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33 | 33 | | prevent another peace officer from using force against a person |
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34 | 34 | | suspected of committing an offense if: |
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35 | 35 | | (A) the amount of force exceeds that which is |
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36 | 36 | | reasonable under the circumstances; and |
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37 | 37 | | (B) the officer knows or should know that the |
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38 | 38 | | other officer's use of force: |
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39 | 39 | | (i) violates state or federal law; |
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40 | 40 | | (ii) puts a person at risk of bodily injury, |
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41 | 41 | | as that term is defined by Section 1.07, Penal Code, and is not |
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42 | 42 | | immediately necessary to avoid imminent bodily injury to a peace |
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43 | 43 | | officer or other person; and |
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44 | 44 | | (iii) is not required to apprehend the |
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45 | 45 | | person suspected of committing an offense; and |
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46 | 46 | | (3) the duty of a peace officer [who encounters an |
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47 | 47 | | injured person while discharging the officer's official duties] to |
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48 | 48 | | [immediately and as necessary] request [emergency medical services |
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49 | 49 | | personnel to provide the person with emergency medical services] |
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50 | 50 | | and render [, while waiting for emergency medical services |
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51 | 51 | | personnel to arrive, provide first] aid for an injured [or |
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52 | 52 | | treatment to the] person as prescribed by Article 2B.0301, Code of |
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53 | 53 | | Criminal Procedure [to the extent of the officer's skills and |
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54 | 54 | | training, unless the request for emergency medical services |
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55 | 55 | | personnel or the provision of first aid or treatment would expose |
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56 | 56 | | the officer or another person to a risk of bodily injury or the |
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57 | 57 | | officer is injured and physically unable to make the request or |
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58 | 58 | | provide the treatment]. |
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59 | 59 | | SECTION 3. Section 1701.269(b), Occupations Code, is |
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60 | 60 | | amended to read as follows: |
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61 | 61 | | (b) The model training curriculum and model policies |
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62 | 62 | | developed under Subsection (a) must include: |
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63 | 63 | | (1) curriculum and policies for banning the use of a |
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64 | 64 | | choke hold, carotid artery hold, or similar neck restraint by a |
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65 | 65 | | peace officer in searching or arresting a person, unless the |
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66 | 66 | | officer reasonably believes the restraint is necessary to prevent |
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67 | 67 | | serious bodily injury to or the death of the peace officer or |
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68 | 68 | | another person; |
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69 | 69 | | (2) curriculum and policies regarding the duty of a |
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70 | 70 | | peace officer to intervene to stop or prevent another peace officer |
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71 | 71 | | from using force against a person suspected of committing an |
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72 | 72 | | offense if: |
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73 | 73 | | (A) the amount of force exceeds that which is |
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74 | 74 | | reasonable under the circumstances; and |
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75 | 75 | | (B) the officer knows or should know that the |
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76 | 76 | | other officer's use of force: |
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77 | 77 | | (i) violates state or federal law; |
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78 | 78 | | (ii) puts a person at risk of bodily injury, |
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79 | 79 | | as that term is defined by Section 1.07, Penal Code, and is not |
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80 | 80 | | immediately necessary to avoid imminent bodily injury to a peace |
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81 | 81 | | officer or other person; and |
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82 | 82 | | (iii) is not required to apprehend the |
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83 | 83 | | person suspected of committing an offense; and |
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84 | 84 | | (3) curriculum and policies regarding the duty of a |
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85 | 85 | | peace officer [who encounters an injured person while discharging |
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86 | 86 | | the officer's official duties] to [immediately and as necessary] |
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87 | 87 | | request [emergency medical services personnel to provide the person |
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88 | 88 | | with emergency medical services] and render [, while waiting for |
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89 | 89 | | emergency medical services personnel to arrive, provide first] aid |
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90 | 90 | | for an injured [or treatment to the] person as prescribed by Article |
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91 | 91 | | 2B.0301, Code of Criminal Procedure [to the extent of the officer's |
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92 | 92 | | skills and training, unless the request for emergency medical |
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93 | 93 | | services personnel or the provision of first aid or treatment would |
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94 | 94 | | expose the officer or another person to a risk of bodily injury or |
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95 | 95 | | the officer is injured and physically unable to make the request or |
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96 | 96 | | provide the treatment]. |
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97 | 97 | | SECTION 4. This Act takes effect September 1, 2025. |
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