BILL ANALYSIS Senate Research Center C.S.S.B. 2570 89R19679 LHC-D By: Flores Criminal Justice 4/8/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Law enforcement officers are legally justified to utilize force in many situations to bring suspects to justice, to protect others, and for personal defense. Lesser levels of force are used regularly by police without public notice and with great success in deescalating dangerous situations. Less-than-lethal devices, such as tasers or pepper-spray, can reduce injury rates for suspects and officers. To encourage peace officers to rely on less-than-lethal devices, the legislation provides peace officers a defense to prosecution when using these devices when attempting to prevent harm or death to the public, officers, and suspects in dangerous situations. Section By Section Analysis: S.B. 2570 applies to peace officers and guards employed by a correctional facility and defines "less-lethal force weapon" as: (1) any weapon, device, or munition that is designed, made, or adapted to expel a projectile or multiple projectiles against a target to temporarily incapacitate the target while minimizing the risk of serious bodily injury or death; (2) a chemical dispensing device; (3) a device used to strike a person; or (4) a "stun gun" as defined by Texas Penal Code Section 38.14. Less-lethal force is justified to the degree necessary to accomplish the person's official duties if the use of the weapon is in substantial compliance with the person's training. C.S.S.B. 2570 amends current law relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 9, Penal Code, by adding Section 9.55, as follows: Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) Defines "less-lethal force weapon." (b) Provides that this section applies only to a guard employed by a correctional facility or a peace officer. (c) Provides that a person to whom this section applies is justified in using force with a less-lethal force weapon against another to the degree reasonably necessary to accomplish the person's official duties as a guard or officer if the person's use of the weapon was in substantial compliance with the person's training. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: upon passage or September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 2570
89R19679 LHC-D By: Flores
Criminal Justice
4/8/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 2570
89R19679 LHC-D
By: Flores
Criminal Justice
4/8/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Law enforcement officers are legally justified to utilize force in many situations to bring suspects to justice, to protect others, and for personal defense. Lesser levels of force are used regularly by police without public notice and with great success in deescalating dangerous situations. Less-than-lethal devices, such as tasers or pepper-spray, can reduce injury rates for suspects and officers. To encourage peace officers to rely on less-than-lethal devices, the legislation provides peace officers a defense to prosecution when using these devices when attempting to prevent harm or death to the public, officers, and suspects in dangerous situations.
Section By Section Analysis:
S.B. 2570 applies to peace officers and guards employed by a correctional facility and defines "less-lethal force weapon" as:
(1) any weapon, device, or munition that is designed, made, or adapted to expel a projectile or multiple projectiles against a target to temporarily incapacitate the target while minimizing the risk of serious bodily injury or death;
(2) a chemical dispensing device;
(3) a device used to strike a person; or
(4) a "stun gun" as defined by Texas Penal Code Section 38.14.
Less-lethal force is justified to the degree necessary to accomplish the person's official duties if the use of the weapon is in substantial compliance with the person's training.
C.S.S.B. 2570 amends current law relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter E, Chapter 9, Penal Code, by adding Section 9.55, as follows:
Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) Defines "less-lethal force weapon."
(b) Provides that this section applies only to a guard employed by a correctional facility or a peace officer.
(c) Provides that a person to whom this section applies is justified in using force with a less-lethal force weapon against another to the degree reasonably necessary to accomplish the person's official duties as a guard or officer if the person's use of the weapon was in substantial compliance with the person's training.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2025.