Bill Text: TX SB2096 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the use of force by peace officers and other officer interactions and duties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [SB2096 Detail]
Download: Texas-2023-SB2096-Introduced.html
88R12994 MZM-D | ||
By: West | S.B. No. 2096 |
|
||
|
||
relating to the use of force by peace officers and other officer | ||
interactions and duties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Atatiana Jefferson | ||
Safe Use of Force Act. | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Articles 2.36 and 2.37 to read as follows: | ||
Art. 2.36. LAW ENFORCEMENT POLICY ON USE OF FORCE AND | ||
OFFICER INTERACTIONS. (a) In this article, "law enforcement | ||
agency" means an agency of the state or an agency of a political | ||
subdivision of the state authorized by law to employ peace | ||
officers. | ||
(b) Each law enforcement agency shall adopt and implement | ||
the model policy developed by the Texas Commission on Law | ||
Enforcement under Section 1701.165, Occupations Code. | ||
Art. 2.37. DUTIES OF PEACE OFFICER PERFORMING WELFARE | ||
CHECK. (a) In this article, "welfare check" means a call for | ||
service requesting a peace officer to inquire into the health and | ||
safety of a person at the person's residence. | ||
(b) On arriving to the residence of a person who is the | ||
subject of a welfare check, the peace officer performing the | ||
welfare check shall: | ||
(1) call the telephone number associated with the | ||
residence, the person who is the subject of the requested welfare | ||
check, or another person who lives at the residence; and | ||
(2) document the result of the call. | ||
SECTION 3. Subchapter D, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.165 to read as follows: | ||
Sec. 1701.165. MODEL POLICY ON USE OF FORCE AND OTHER | ||
OFFICER INTERACTIONS. (a) The commission shall develop and make | ||
available to all law enforcement agencies in this state a model | ||
policy and associated training materials regarding the use of force | ||
by peace officers and other officer interactions. The model policy | ||
must: | ||
(1) contain instructions on conflict de-escalation | ||
and the use of force in a manner proportionate to the threat posed | ||
and to the seriousness of the alleged offense; | ||
(2) prohibit a peace officer from discharging a | ||
firearm at a moving vehicle, unless: | ||
(A) the vehicle is clearly being used as a weapon | ||
against the officer or against another person involved in the | ||
incident; or | ||
(B) an occupant of the vehicle is using or | ||
threatening to use deadly force by means other than by means of the | ||
vehicle itself against the officer or another person involved in | ||
the incident; | ||
(3) require training on using the minimum amount of | ||
force necessary to protect a person who poses a danger only to the | ||
person and not to others, as based on the situation; | ||
(4) require the law enforcement agency to provide | ||
training on methods to assist peace officers of the agency on | ||
identifying behaviors that indicate a person is not a threat to | ||
others but is a person with an intellectual disability or | ||
experiencing a mental health crisis, a mental illness, or an | ||
extreme reaction to a controlled substance; | ||
(5) require training on using the minimum amount of | ||
force necessary in situations that present a high risk of bodily | ||
injury to a bystander against whom the use of force is not | ||
justified; | ||
(6) require a peace officer who is not in uniform and | ||
who interacts with a member of the public to make an identification | ||
as a peace officer before taking any action within the course and | ||
scope of the officer's official duties, unless the identification | ||
would render the action impracticable; | ||
(7) prohibit the use of deadly force unless the use of | ||
deadly force is immediately necessary to prevent serious bodily | ||
injury to or the death of the officer or another; | ||
(8) require a law enforcement agency that allows peace | ||
officers to use lethal weapons to have a policy regarding the use of | ||
those weapons and to provide regular peace officer training on the | ||
use of less lethal weapons to support the use of de-escalation | ||
techniques by the officers, especially for officers who regularly | ||
interact with members of the public or who are assigned to duties | ||
involving regular interaction with persons with a mental illness or | ||
an intellectual disability; and | ||
(9) provide guidance on best practices in pursuing a | ||
suspect fleeing arrest. | ||
(b) In developing the model policy under this section, the | ||
commission: | ||
(1) shall consult with and solicit input from: | ||
(A) the Bill Blackwood Law Enforcement | ||
Management Institute of Texas located at Sam Houston State | ||
University; | ||
(B) the Caruth Police Institute located at the | ||
University of North Texas at Dallas; and | ||
(C) organizations representing law enforcement | ||
administrators, law enforcement officers, prosecutors, criminal | ||
defense attorneys, and the public; and | ||
(2) may consult with and solicit input from any other | ||
interested person the commission determines appropriate. | ||
SECTION 4. (a) Not later than January 1, 2024, the Texas | ||
Commission on Law Enforcement shall develop and make available the | ||
model policy and associated training materials required under | ||
Section 1701.165, Occupations Code, as added by this Act. | ||
(b) Not later than March 1, 2024, each law enforcement | ||
agency in this state shall adopt and implement the model policy | ||
required by Article 2.36, Code of Criminal Procedure, as added by | ||
this Act. | ||
SECTION 5. This Act takes effect September 1, 2023. |