Bill Text: TX SB747 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to law enforcement policies prohibiting a peace officer from using a chemical device against a minor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-11 - Referred to Jurisprudence [SB747 Detail]

Download: Texas-2021-SB747-Introduced.html
  87R9318 JCG-D
 
  By: Miles S.B. No. 747
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to law enforcement policies prohibiting a peace officer
  from using a chemical device against a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Code of Criminal Procedure, is
  amended by adding Article 2.33 to read as follows:
         Art. 2.33.  LAW ENFORCEMENT POLICY PROHIBITING USE OF
  CHEMICAL DEVICE AGAINST MINOR. (a) In this article:
               (1)  "Chemical device" means a device used against a
  targeted person for the purpose of incapacitating or substantially
  diminishing the capacity of that person by causing chemical
  irritation of the eyes, throat, lungs, or skin. The term includes
  chemical devices commonly known as "pepper spray." 
               (2)  "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 in this state shall adopt a
  policy prohibiting a peace officer of the agency from using a
  chemical device against a person younger than 18 years of age.
         SECTION 2.  Not later than January 1, 2022, each law
  enforcement agency in this state shall adopt the policy required by
  Article 2.33, Code of Criminal Procedure, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2021.
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