Texas 2025 - 89th Regular

Texas House Bill HB896 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2196 CMO-F
2	2	By: Thompson H.B. No. 896
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the prohibition on the use of a neck restraint by a
10	10	peace officer during a search or arrest.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 2B.0252, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 2B.0252. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST
15	15	PROHIBITED. A peace officer may not intentionally use a choke hold,
16	16	carotid artery hold, or similar neck restraint in searching or
17	17	arresting a person unless:
18	18	(1) the restraint is necessary to prevent serious
19	19	bodily injury to or the death of the officer or another person; and
20	20	(2) the officer discontinues the restraint as soon as
21	21	the threat of serious bodily injury or death described by
22	22	Subdivision (1) has passed.
23	23	SECTION 2. Section 1701.2551(b), Occupations Code, is
24	24	amended to read as follows:
25	25	(b) The basic peace officer training course must include
26	26	training on:
27	27	(1) the prohibition against the intentional use of a
28	28	choke hold, carotid artery hold, or similar neck restraint during a
29	29	search or arrest by a peace officer as prescribed by Article
30	30	2B.0252, Code of Criminal Procedure [in searching or arresting a
31	31	person, unless the officer reasonably believes the restraint is
32	32	necessary to prevent serious bodily injury to or the death of the
33	33	peace officer or another person];
34	34	(2) the duty of a peace officer to intervene to stop or
35	35	prevent another peace officer from using force against a person
36	36	suspected of committing an offense if:
37	37	(A) the amount of force exceeds that which is
38	38	reasonable under the circumstances; and
39	39	(B) the officer knows or should know that the
40	40	other officer's use of force:
41	41	(i) violates state or federal law;
42	42	(ii) puts a person at risk of bodily injury,
43	43	as that term is defined by Section 1.07, Penal Code, and is not
44	44	immediately necessary to avoid imminent bodily injury to a peace
45	45	officer or other person; and
46	46	(iii) is not required to apprehend the
47	47	person suspected of committing an offense; and
48	48	(3) the duty of a peace officer who encounters an
49	49	injured person while discharging the officer's official duties to
50	50	immediately and as necessary request emergency medical services
51	51	personnel to provide the person with emergency medical services
52	52	and, while waiting for emergency medical services personnel to
53	53	arrive, provide first aid or treatment to the person to the extent
54	54	of the officer's skills and training, unless the request for
55	55	emergency medical services personnel or the provision of first aid
56	56	or treatment would expose the officer or another person to a risk of
57	57	bodily injury or the officer is injured and physically unable to
58	58	make the request or provide the treatment.
59	59	SECTION 3. Section 1701.269(b), Occupations Code, is
60	60	amended to read as follows:
61	61	(b) The model training curriculum and model policies
62	62	developed under Subsection (a) must include curriculum and policies
63	63	regarding:
64	64	(1) the prohibition against the intentional
65	65	[curriculum and policies for banning the] use of a choke hold,
66	66	carotid artery hold, or similar neck restraint during a search or
67	67	arrest by a peace officer as prescribed by Article 2B.0252, Code of
68	68	Criminal Procedure [in searching or arresting a person, unless the
69	69	officer reasonably believes the restraint is necessary to prevent
70	70	serious bodily injury to or the death of the peace officer or
71	71	another person];
72	72	(2) [curriculum and policies regarding] the duty of a
73	73	peace officer to intervene to stop or prevent another peace officer
74	74	from using force against a person suspected of committing an
75	75	offense if:
76	76	(A) the amount of force exceeds that which is
77	77	reasonable under the circumstances; and
78	78	(B) the officer knows or should know that the
79	79	other officer's use of force:
80	80	(i) violates state or federal law;
81	81	(ii) puts a person at risk of bodily injury,
82	82	as that term is defined by Section 1.07, Penal Code, and is not
83	83	immediately necessary to avoid imminent bodily injury to a peace
84	84	officer or other person; and
85	85	(iii) is not required to apprehend the
86	86	person suspected of committing an offense; and
87	87	(3) [curriculum and policies regarding] the duty of a
88	88	peace officer who encounters an injured person while discharging
89	89	the officer's official duties to immediately and as necessary
90	90	request emergency medical services personnel to provide the person
91	91	with emergency medical services and, while waiting for emergency
92	92	medical services personnel to arrive, provide first aid or
93	93	treatment to the person to the extent of the officer's skills and
94	94	training, unless the request for emergency medical services
95	95	personnel or the provision of first aid or treatment would expose
96	96	the officer or another person to a risk of bodily injury or the
97	97	officer is injured and physically unable to make the request or
98	98	provide the treatment.
99	99	SECTION 4. This Act takes effect September 1, 2025.