By: Flores S.B. No. 2570
(In the Senate - Filed March 13, 2025; April 3, 2025, read
first time and referred to Committee on Criminal Justice;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1, one present not
voting; April 16, 2025, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2570 By: Parker
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 9, Penal Code, is amended
by adding Section 9.55 to read as follows:
Sec. 9.55. USE OF LESS-LETHAL FORCE WEAPON. (a) In this
section, "less-lethal force weapon" means:
(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 Section 38.14.
(b) This section applies only to a guard employed by a
correctional facility or a peace officer.
(c) 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. 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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