| 2 | | - | (In the Senate - Filed March 13, 2025; April 3, 2025, read |
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| 3 | | - | first time and referred to Committee on Criminal Justice; |
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| 4 | | - | April 16, 2025, reported adversely, with favorable Committee |
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| 5 | | - | Substitute by the following vote: Yeas 5, Nays 1, one present not |
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| 6 | | - | voting; April 16, 2025, sent to printer.) |
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| 7 | | - | Click here to see the committee vote |
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| 8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2570 By: Parker |
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| 19 | | - | SECTION 1. Subchapter E, Chapter 9, Penal Code, is amended |
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| 20 | | - | by adding Section 9.55 to read as follows: |
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| 21 | | - | Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) In this |
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| 22 | | - | section, "less-lethal force weapon" means: |
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| 23 | | - | (1) any weapon, device, or munition that is designed, |
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| 24 | | - | made, or adapted to expel a projectile or multiple projectiles |
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| 25 | | - | against a target to temporarily incapacitate the target while |
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| 26 | | - | minimizing the risk of serious bodily injury or death; |
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| 27 | | - | (2) a chemical dispensing device; |
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| 28 | | - | (3) a device used to strike a person; or |
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| 29 | | - | (4) a stun gun, as defined by Section 38.14. |
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| 30 | | - | (b) This section applies only to a guard employed by a |
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| 31 | | - | correctional facility or a peace officer. |
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| 32 | | - | (c) A person to whom this section applies is justified in |
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| 33 | | - | using force with a less-lethal force weapon against another to the |
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| 34 | | - | degree reasonably necessary to accomplish the person's official |
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| 35 | | - | duties as a guard or officer if the person's use of the weapon was in |
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| 36 | | - | substantial compliance with the person's training. |
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| 12 | + | SECTION 1. Chapter 8, Penal Code, is amended by adding |
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| 13 | + | Section 8.09 to read as follows: |
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| 14 | + | Sec. 8.09. DEFENSE TO CERTAIN OFFENSES INVOLVING USE OF |
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| 15 | + | LESS-LETHAL PROJECTILE. (a) In this section, "less-lethal |
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| 16 | + | projectile" means any projectile that is designed, made, or adapted |
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| 17 | + | to temporarily incapacitate a target while minimizing the risk of |
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| 18 | + | serious bodily injury or death. |
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| 19 | + | (b) In the prosecution of a peace officer for an offense |
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| 20 | + | under this code that resulted in bodily injury or serious bodily |
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| 21 | + | injury to or the death of an individual, it is a defense to |
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| 22 | + | prosecution that: |
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| 23 | + | (1) the injury or death resulted from the use of a |
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| 24 | + | less-lethal projectile; |
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| 25 | + | (2) the peace officer reasonably believed that the use |
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| 26 | + | of the projectile was objectively reasonable to accomplish the |
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| 27 | + | officer's official duties as a peace officer; |
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| 28 | + | (3) the peace officer did not intentionally, |
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| 29 | + | knowingly, or recklessly cause the injury or death when using the |
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| 30 | + | projectile; and |
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| 31 | + | (4) the peace officer used the projectile in |
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| 32 | + | substantial compliance with: |
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| 33 | + | (A) the peace officer's training; |
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| 34 | + | (B) the policies and procedures of the law |
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| 35 | + | enforcement agency employing the peace officer; and |
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| 36 | + | (C) the manufacturer's instructions for the use |
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| 37 | + | of the projectile. |
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