Texas 2025 - 89th Regular

Texas House Bill HB888 Latest Draft

Bill / Introduced Version Filed 11/12/2024

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                            89R1387 GP-F
 By: Thompson H.B. No. 888




 A BILL TO BE ENTITLED
 AN ACT
 relating to the duty of a peace officer to request and render aid
 for an injured person.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 2B.0301(b), Code of Criminal Procedure,
 is amended to read as follows:
 (b)  The peace officer is not required to request emergency
 medical services or provide first aid or treatment under Subsection
 (a) if:
 (1)  making the request or providing the treatment
 would expose the officer or another person to a likely risk of
 serious bodily injury; or
 (2)  the officer is injured and physically unable to
 make the request or provide the treatment.
 SECTION 2.  Section 1701.2551(b), Occupations Code, is
 amended to read as follows:
 (b)  The basic peace officer training course must include
 training on:
 (1)  the prohibition against the intentional use of a
 choke hold, carotid artery hold, or similar neck restraint by a
 peace officer in searching or arresting a person, unless the
 officer reasonably believes the restraint is necessary to prevent
 serious bodily injury to or the death of the peace officer or
 another person;
 (2)  the duty of a peace officer to intervene to stop or
 prevent another peace officer from using force against a person
 suspected of committing an offense if:
 (A)  the amount of force exceeds that which is
 reasonable under the circumstances; and
 (B)  the officer knows or should know that the
 other officer's use of force:
 (i)  violates state or federal law;
 (ii)  puts a person at risk of bodily injury,
 as that term is defined by Section 1.07, Penal Code, and is not
 immediately necessary to avoid imminent bodily injury to a peace
 officer or other person; and
 (iii)  is not required to apprehend the
 person suspected of committing an offense; and
 (3)  the duty of a peace officer [who encounters an
 injured person while discharging the officer's official duties] to
 [immediately and as necessary] request [emergency medical services
 personnel to provide the person with emergency medical services]
 and render [, while waiting for emergency medical services
 personnel to arrive, provide first] aid for an injured [or
 treatment to the] person as prescribed by Article 2B.0301, Code of
 Criminal Procedure [to the extent of the officer's skills and
 training, unless the request for emergency medical services
 personnel or the provision of first aid or treatment would expose
 the officer or another person to a risk of bodily injury or the
 officer is injured and physically unable to make the request or
 provide the treatment].
 SECTION 3.  Section 1701.269(b), Occupations Code, is
 amended to read as follows:
 (b)  The model training curriculum and model policies
 developed under Subsection (a) must include:
 (1)  curriculum and policies for banning the use of a
 choke hold, carotid artery hold, or similar neck restraint by a
 peace officer in searching or arresting a person, unless the
 officer reasonably believes the restraint is necessary to prevent
 serious bodily injury to or the death of the peace officer or
 another person;
 (2)  curriculum and policies regarding the duty of a
 peace officer to intervene to stop or prevent another peace officer
 from using force against a person suspected of committing an
 offense if:
 (A)  the amount of force exceeds that which is
 reasonable under the circumstances; and
 (B)  the officer knows or should know that the
 other officer's use of force:
 (i)  violates state or federal law;
 (ii)  puts a person at risk of bodily injury,
 as that term is defined by Section 1.07, Penal Code, and is not
 immediately necessary to avoid imminent bodily injury to a peace
 officer or other person; and
 (iii)  is not required to apprehend the
 person suspected of committing an offense; and
 (3)  curriculum and policies regarding the duty of a
 peace officer [who encounters an injured person while discharging
 the officer's official duties] to [immediately and as necessary]
 request [emergency medical services personnel to provide the person
 with emergency medical services] and render [, while waiting for
 emergency medical services personnel to arrive, provide first] aid
 for an injured [or treatment to the] person as prescribed by Article
 2B.0301, Code of Criminal Procedure [to the extent of the officer's
 skills and training, unless the request for emergency medical
 services personnel or the provision of first aid or treatment would
 expose the officer or another person to a risk of bodily injury or
 the officer is injured and physically unable to make the request or
 provide the treatment].
 SECTION 4.  This Act takes effect September 1, 2025.