Bill Text: TX SB69 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the use of force by peace officers.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB69 Detail]
Download: Texas-2021-SB69-Enrolled.html
| S.B. No. 69 | ||
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| relating to the use of force by peace officers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
| amended by adding Articles 2.1387 and 2.33 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. | ||
| Art. 2.33. USE OF NECK RESTRAINTS DURING SEARCH OR ARREST | ||
| PROHIBITED. A peace officer may not intentionally use a choke hold, | ||
| carotid artery hold, or similar neck restraint in searching or | ||
| arresting a person unless the restraint is necessary to prevent | ||
| serious bodily injury to or the death of the officer or another | ||
| person. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 69 passed the Senate on | ||
| April 28, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 28, 2021, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 69 passed the House, with | ||
| amendment, on May 25, 2021, by the following vote: Yeas 141, | ||
| Nays 5, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
