89R4611 LHC-D
By: Flores S.B. No. 2570
A BILL TO BE ENTITLED
AN ACT
relating to a defense to prosecution for certain offenses involving
the use of a less-lethal projectile by a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 8, Penal Code, is amended by adding
Section 8.09 to read as follows:
Sec. 8.09. DEFENSE TO CERTAIN OFFENSES INVOLVING USE OF
LESS-LETHAL PROJECTILE. (a) In this section, "less-lethal
projectile" means any projectile that is designed, made, or adapted
to temporarily incapacitate a target while minimizing the risk of
serious bodily injury or death.
(b) In the prosecution of a peace officer for an offense
under this code that resulted in bodily injury or serious bodily
injury to or the death of an individual, it is a defense to
prosecution that:
(1) the injury or death resulted from the use of a
less-lethal projectile;
(2) the peace officer reasonably believed that the use
of the projectile was objectively reasonable to accomplish the
officer's official duties as a peace officer;
(3) the peace officer did not intentionally,
knowingly, or recklessly cause the injury or death when using the
projectile; and
(4) the peace officer used the projectile in
substantial compliance with:
(A) the peace officer's training;
(B) the policies and procedures of the law
enforcement agency employing the peace officer; and
(C) the manufacturer's instructions for the use
of the projectile.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.