Texas 2025 - 89th Regular

Texas Senate Bill SB1421 Compare Versions

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

Old	New	Differences
1	1	By: West S.B. No. 1421
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	Relating to less-lethal force weapons, including a defense to
9	9	prosecution for certain offenses involving the use of a less lethal
10	10	force weapon by a peace officer, and policies for law enforcement
11	11	agencies concerning use of less-lethal force weapons.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 9, Penal Code, is amended by adding
14	14	Section 9.55 to read as follows:
15	15	SEC. 9.55. DEFENSE INVOLVING USE OF A LESS-LETHAL FORCE
16	16	WEAPON.
17	17	(a)In this section, "less-lethal force weapon" means a
18	18	weapon that expels a projectile that is designed, made, or adapted
19	19	to temporarily incapacitate a target while minimizing the risk of
20	20	serious bodily injury or death and includes a "stun gun" as defined
21	21	by Section 38.14, Penal Code. A "stun gun" as defined in Art 38.14
22	22	is considered a less-lethal weapon for the purposes of this
23	23	section.
24	24	(b) In the prosecution of a peace officer or guard employed
25	25	by a correctional facility under this code that resulted in the
26	26	serious bodily injury or death of an individual from the officer's
27	27	use of a less-lethal force weapon, the actor is justified in using a
28	28	less-lethal force weapon if at the time the conduct charged:
29	29	(1) the actor reasonably believed the use of the
30	30	less-lethal force weapon was immediately necessary to accomplish
31	31	the officer's official duties; and
32	32	(2)the actor's use of a less lethal force weapon was in
33	33	compliance with:
34	34	(A) the actor's training;
35	35	(B) the policies and procedures of the law
36	36	enforcement agency employing the actor;
37	37	(C) the manufacturer's instructions for use of
38	38	the less lethal projectile;
39	39	(D) then existing state law and
40	40	(E) minimum standards of law enforcement agencies
41	41	under Occupations Code 1701.163.
42	42	SECTION 2. Chapter 1701, Occupations Code, Sec. 1701.163 is
43	43	amended by adding Sec. 1701.163(5)(A) to read as follows:
44	44	Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT
45	45	AGENCIES. The commission, with input from an advisory committee,
46	46	shall by rule establish minimum standards with respect to the
47	47	creation or continued operation of a law enforcement agency based
48	48	on the function, size, and jurisdiction of the agency, including:
49	49	(1) a determination regarding the public benefit of
50	50	creating the agency in the community;
51	51	(2) the sustainable funding sources for the agency;
52	52	(3) the physical resources available to officers,
53	53	including:
54	54	(A) all standard duty firearms;
55	55	(B)less lethal force weapons, including a
56	56	requirement of at least one per officer on duty;
57	57	(C) effective communications equipment;
58	58	(D) protective equipment, including a requirement
59	59	of at least one bullet-resistant vest per officer on duty;
60	60	(E) officer uniforms; and
61	61	(F) patrol vehicles and associated equipment;
62	62	(4)the physical facilities of the agency, including any
63	63	evidence room, dispatch area, or public area;
64	64	(5)the policies of the agency, including policies on:
65	65	(A) use of force including but not limited to
66	66	empty-hand techniques, firearms, and less lethal force weapons;
67	67	(B) vehicle pursuit;
68	68	(C) professional conduct of officers;
69	69	(D) domestic abuse protocols;
70	70	(E) response to missing persons;
71	71	(F) supervision of part-time officers;
72	72	(G) impartial policing;
73	73	(H) active shooters; and
74	74	(I) barricaded subjects;
75	75	SECTION 3. USE OUTSIDE CONFINES OF POLICY NOT PERMITTED.
76	76	(a) This section does not permit the use of a less-lethal force
77	77	weapons by an officer outside the policy of a law enforcement agency
78	78	or the model policy created by the Texas Commission on Law
79	79	Enforcement Education under Occupations Code Sec. 1701.163(5)) or
80	80	beyond what is permissible under other existing state law.
81	81	(b) A law enforcement agency issuing a less-lethal force
82	82	weapon to an officer employed by the agency, or to an officer whose
83	83	certification is held or sponsored by the agency, is required to
84	84	adopt a policy approved by the Texas Commission on Law Enforcement
85	85	Education or use the model policy created by the Commission under
86	86	Occupations Code Sec. 1701.163(5) and offer training on less lethal
87	87	force weapons prior to issuing an officer employed by the agency, or
88	88	an officer whose certification is held or sponsored by the agency, a
89	89	less lethal force weapon.
90	90	(c) A law enforcement officer who is equipped with a less
91	91	lethal force weapon shall be trained on each less lethal force
92	92	weapon assigned and maintain and continue all certifications while
93	93	equipped with a less lethal force weapon.
94	94	SECTION 4. The changes made by this Act apply only to an
95	95	offense committed on or after the effective date of this Act. An
96	96	offense committed before the effective date of this Act is governed
97	97	by law in effect on the date that offense was committed, and the
98	98	former law is continued in effect for that purpose. For the purposes
99	99	of this Act, an offense was committed before the effective date of
100	100	this Act if any element of the offense occurred before that date.
101	101	SECTION 5. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2025.