Bill Text: TX HB415 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the duty of a peace officer to request and render aid for an injured person.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-02-23 - Referred to Homeland Security & Public Safety [HB415 Detail]
Download: Texas-2023-HB415-Introduced.html
88R1116 JCG-F | ||
By: Thompson of Harris | H.B. No. 415 |
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relating to the duty of a peace officer to request and render aid | ||
for an injured person. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 2.33, Code of Criminal Procedure, as | ||
added by Chapter 979 (S.B. 2212), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Article 2.35, Code of | ||
Criminal Procedure, and amended to read as follows: | ||
Art. 2.35 [ |
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Except as provided by Subsection (b), a peace officer who | ||
encounters an injured person while discharging the officer's | ||
official duties shall immediately and as necessary: | ||
(1) request emergency medical services personnel to | ||
provide the person with emergency medical services; and | ||
(2) while waiting for emergency medical services | ||
personnel to arrive, provide first aid or treatment to the person to | ||
the extent of the officer's skill and training. | ||
(b) The peace officer is not required to request emergency | ||
medical services or provide first aid or treatment under Subsection | ||
(a) if: | ||
(1) making the request or providing the treatment | ||
would expose the officer or another person to a likely risk of | ||
serious bodily injury; or | ||
(2) the officer is injured and physically unable to | ||
make the request or provide the treatment. | ||
SECTION 2. Section 1701.2551(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The basic peace officer training course must include | ||
training on: | ||
(1) the prohibition against the intentional use of a | ||
choke hold, carotid artery hold, or similar neck restraint by a | ||
peace officer in searching or arresting a person, unless the | ||
officer reasonably believes the restraint is necessary to prevent | ||
serious bodily injury to or the death of the peace officer or | ||
another person; | ||
(2) the duty of a peace officer to intervene to stop or | ||
prevent another peace officer from using force against a person | ||
suspected of committing an offense if: | ||
(A) the amount of force exceeds that which is | ||
reasonable under the circumstances; and | ||
(B) the officer knows or should know that the | ||
other officer's use of force: | ||
(i) violates state or federal law; | ||
(ii) puts a person at risk of bodily injury, | ||
as that term is defined by Section 1.07, Penal Code, and is not | ||
immediately necessary to avoid imminent bodily injury to a peace | ||
officer or other person; and | ||
(iii) is not required to apprehend the | ||
person suspected of committing an offense; and | ||
(3) the duty of a peace officer [ |
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and render [ |
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Criminal Procedure [ |
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SECTION 3. Section 1701.269(b), Occupations Code, as added | ||
by Chapter 722 (H.B. 3712), Acts of the 87th Legislature, Regular | ||
Session, 2021, is amended to read as follows: | ||
(b) The model training curriculum and model policies | ||
developed under Subsection (a) must include: | ||
(1) curriculum and policies for banning the use of a | ||
choke hold, carotid artery hold, or similar neck restraint by a | ||
peace officer in searching or arresting a person, unless the | ||
officer reasonably believes the restraint is necessary to prevent | ||
serious bodily injury to or the death of the peace officer or | ||
another person; | ||
(2) curriculum and policies regarding the duty of a | ||
peace officer to intervene to stop or prevent another peace officer | ||
from using force against a person suspected of committing an | ||
offense if: | ||
(A) the amount of force exceeds that which is | ||
reasonable under the circumstances; and | ||
(B) the officer knows or should know that the | ||
other officer's use of force: | ||
(i) violates state or federal law; | ||
(ii) puts a person at risk of bodily injury, | ||
as that term is defined by Section 1.07, Penal Code, and is not | ||
immediately necessary to avoid imminent bodily injury to a peace | ||
officer or other person; and | ||
(iii) is not required to apprehend the | ||
person suspected of committing an offense; and | ||
(3) curriculum and policies regarding the duty of a | ||
peace officer [ |
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request [ |
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for an injured [ |
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2.35, Code of Criminal Procedure [ |
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SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. This Act takes effect September 1, 2023. |