Bill Text: TX SB68 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to a duty for peace officers to intervene and make a report when a peace officer uses excessive force.
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Engrossed - Dead) 2021-05-27 - House passage as amended reported [SB68 Detail]
Download: Texas-2021-SB68-Comm_Sub.html
| By: Miles, et al. | S.B. No. 68 | |
| (Reynolds, White, Thompson of Harris, Coleman, Crockett) | ||
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| relating to a duty for peace officers to intervene and make a report | ||
| when a peace officer uses excessive force. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Article 2.1387 to read as follows: | ||
| Art. 2.1387. INTERVENTION REQUIRED FOR EXCESSIVE FORCE; | ||
| REPORT REQUIRED. (a) A peace officer has a duty to intervene to | ||
| stop or prevent another peace officer from using force against a | ||
| person suspected of committing an offense if: | ||
| (1) the amount of force exceeds that which is | ||
| reasonable under the circumstances; and | ||
| (2) the officer knows or should know that the other | ||
| officer's use of force: | ||
| (A) violates state or federal law; | ||
| (B) 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 | ||
| (C) is not required to apprehend the person | ||
| suspected of committing an offense. | ||
| (b) A peace officer who witnesses the use of excessive force | ||
| by another peace officer shall promptly make a detailed report of | ||
| the incident and deliver the report to the supervisor of the peace | ||
| officer making the report. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
