Bill Text: TX HB1035 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the use of force by peace officers and certain other persons to make an arrest or search or prevent an escape from custody.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-18 - Left pending in committee [HB1035 Detail]
Download: Texas-2021-HB1035-Introduced.html
87R4740 JCG-D | ||
By: Dutton | H.B. No. 1035 |
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relating to the use of force by peace officers and certain other | ||
persons to make an arrest or search or prevent an escape from | ||
custody. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 9.51(a), (b), (c), and (d), Penal Code, | ||
are amended to read as follows: | ||
(a) A peace officer, or a person acting in a peace officer's | ||
presence and at his direction, is justified in using force against | ||
another when and to the degree [ |
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force is objectively reasonable and immediately necessary to make | ||
or assist in making an arrest or search, or to prevent or assist in | ||
preventing escape after arrest, if: | ||
(1) the actor reasonably believes the arrest or search | ||
is lawful or, if the arrest or search is made under a warrant, he | ||
reasonably believes the warrant is valid; and | ||
(2) before using force, the actor manifests his | ||
purpose to arrest or search and identifies himself as a peace | ||
officer or as one acting at a peace officer's direction, unless he | ||
reasonably believes his purpose and identity are already known by | ||
or cannot reasonably be made known to the person to be arrested. | ||
(b) A person other than a peace officer (or one acting at his | ||
direction) is justified in using force against another when and to | ||
the degree [ |
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reasonable and immediately necessary to make or assist in making a | ||
lawful arrest, or to prevent or assist in preventing escape after | ||
lawful arrest if, before using force, the actor manifests his | ||
purpose to and the reason for the arrest or reasonably believes his | ||
purpose and the reason are already known by or cannot reasonably be | ||
made known to the person to be arrested. | ||
(c) A peace officer is justified in using deadly force | ||
against another when and to the degree [ |
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immediately necessary to make an arrest, or to prevent escape after | ||
arrest, if the use of force would have been justified under | ||
Subsection (a) and: | ||
(1) the actor reasonably believes the conduct for | ||
which arrest is authorized included the use or attempted use of | ||
deadly force; or | ||
(2) the actor reasonably believes there is a | ||
substantial risk that the person to be arrested will cause death or | ||
serious bodily injury to the actor or another if the arrest is | ||
delayed. | ||
(d) A person other than a peace officer acting in a peace | ||
officer's presence and at his direction is justified in using | ||
deadly force against another when and to the degree [ |
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immediately necessary to make a lawful arrest, or to prevent escape | ||
after a lawful arrest, if the use of force would have been justified | ||
under Subsection (b) and: | ||
(1) the actor reasonably believes the felony or | ||
offense against the public peace for which arrest is authorized | ||
included the use or attempted use of deadly force; or | ||
(2) the actor reasonably believes there is a | ||
substantial risk that the person to be arrested will cause death or | ||
serious bodily injury to another if the arrest is delayed. | ||
SECTION 2. Section 9.52, Penal Code, is amended to read as | ||
follows: | ||
Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of | ||
force to prevent the escape of an arrested person from custody is | ||
justifiable when the force could have been employed to effect the | ||
arrest under which the person is in custody, except that a guard | ||
employed by a correctional facility or a peace officer is justified | ||
in using any force, including deadly force, that is objectively | ||
reasonable and [ |
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to prevent the escape of a person from the correctional facility. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2021. |