Dutton bill tightening deadly force rules for arrests

The text as introduced · 465 words

89R11375 JRR-D

By: Dutton
H.B. No. 2648

A BILL TO BE ENTITLED

AN ACT

relating to the use of deadly force to make an arrest.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 9.51(c) and (d), Penal Code, are

amended to read as follows:

(c) A peace officer is justified in using deadly force

against another when and to the degree the peace officer reasonably

believes the deadly force is immediately necessary to make an

arrest, or to prevent escape after arrest, if :

(1) the use of force would have been justified under

Subsection (a) ;

(2) the person to be arrested or attempting to escape

after arrest possesses a deadly weapon; and

(3) [ :

[ (1) ] the peace officer [ actor ] reasonably believes :

(A) the conduct for which arrest is authorized

included the use or attempted use of deadly force; or

(B) [ (2) the actor reasonably believes ] there is

a substantial risk that the person to be arrested or attempting to

escape after arrest will cause death or serious bodily injury to the

actor or another if the arrest or apprehension is delayed.

(d) A person who is not [ other than ] a peace officer but is

acting in a peace officer's presence and at the officer's [ his ]

direction is justified in using deadly force against another when

and to the degree the person reasonably believes the deadly force is

immediately necessary to make a lawful arrest, or to prevent escape

after a lawful arrest, if :

(1) the use of force would have been justified under

Subsection (b) ;

(2) the person to be arrested or attempting to escape

after arrest possesses a deadly weapon; and

(3) [ :

[ (1) ] the actor reasonably believes :

(A) the felony or offense against the public

peace for which arrest is authorized included the use or attempted

use of deadly force; or

(B) [ (2) the actor reasonably believes ] there

is a substantial risk that the person to be arrested or attempting

to escape after arrest will cause death or serious bodily injury to

another if the arrest or apprehension is delayed.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.