bill requiring 12 risk questions on family violence calls

The text as introduced · 1,235 words

89R15689 JSC-F

By: Jones of Harris
H.B. No. 4493

A BILL TO BE ENTITLED

AN ACT

relating to the duty of a peace officer to use a standardized

lethality assessment protocol when investigating a family violence

allegation or responding to a disturbance call that may involve

family violence; providing training requirements for peace

officers and reporting requirements for the Department of Public

Safety.

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

SECTION 1. This Act shall be known as the Family Violence

Lethality Assessment Act.

SECTION 2. (a) The legislature finds that:

(1) family violence is a serious public health and

safety issue that often escalates to severe bodily injury or death;

(2) studies have shown that certain risk factors can

predict the likelihood of lethal violence in family violence

situations; and

(3) the use of a lethality assessment protocol by law

enforcement officers at the scene of an assault or family violence

incident can help identify victims at high risk of serious bodily

injury or death and connect victims with necessary resources.

(b) The purpose of this Act is to require all law

enforcement agencies in this state to administer a standardized

lethality assessment questionnaire when investigating a family

violence allegation or responding to a disturbance call that may

involve family violence.

SECTION 3. Chapter 5, Code of Criminal Procedure, is

amended by adding Article 5.042 to read as follows:

Art. 5.042. LETHALITY ASSESSMENT PROTOCOL. (a) In this

article, "lethality assessment protocol" means a standardized

screening tool administered by law enforcement officers to assess

the risk of serious bodily injury or death in cases of family

violence.

(b) In addition to a peace officer's duties under Article

5.04, a peace officer who investigates a family violence allegation

or who responds to a disturbance call that may involve family

violence shall immediately administer a lethality assessment

protocol under this article on arrival at the scene if:

(1) there is physical evidence of an assault;

(2) the alleged victim exhibits fear or distress; or

(3) the officer believes there is an ongoing threat to

the safety of the victim or other person, such as a child, who is

present at the scene.

(c) An officer administering the lethality assessment

protocol shall ask the alleged victim the following questions:

(1) "Has the aggressor ever used or threatened to use a

weapon against you or your children?";

(2) "Has the aggressor ever threatened to kill you or

your children?";

(3) "Do you believe the aggressor will try to kill you

or your children?";

(4) "Has the aggressor ever choked or attempted to

choke you or your children?";

(5) "Does the aggressor have access to or the ability

to easily obtain a gun?";

(6) "Is the aggressor violently or constantly jealous,

or does the aggressor control most of your daily activities?";

(7) "Have you recently left or separated from the

aggressor after living together or being married?";

(8) "Is the aggressor unemployed?";

(9) "To your knowledge, has the aggressor ever

attempted suicide?";

(10) "Do you have a child that the aggressor believes

is not his biological offspring?";

(11) "Has the aggressor ever followed, spied on, or

left threatening messages for you?"; and

(12) "Is there anything else that makes you fear for

the safety of you or your children?".

(d) If the victim answers "yes" to any question under

Subsections (c)(1)-(5) or answers "yes" to a total of four or more

questions under Subsection (c), the officer shall:

(1) inform the victim and other persons present at the

scene, as applicable, that they are at high risk of serious bodily

injury or death;

(2) contact a family violence center or victim

advocate for assistance;

(3) immediately escort the victim and other persons,

as applicable, from the premises or provide standby assistance

under Article 5.045; and

(4) inform the victim about the procedure for applying

for a protective order.

(e) If, based on the victim's answers to the questions under

Subsection (c), the requirements of Subsection (d) do not apply,

the officer shall assist the victim in safety planning and refer the

victim to local family violence support services if, in the

officer's opinion, the victim exhibits signs of distress.

(f) Each law enforcement agency shall:

(1) maintain a record of each lethality assessment

administered by an officer of that agency as provided by this

article, including:

(A) the number of times the assessment was

conducted;

(B) the number of cases identified as high risk;

and

(C) the number of victims referred to local

family violence support services; and

(2) provide the information described by Subdivision

(1) to the Department of Public Safety in the form and manner

prescribed by the department.

SECTION 4. Subchapter D, Chapter 411, Government Code, is

amended by adding Section 411.056 to read as follows:

Sec. 411.056. ANNUAL REPORT ON USE OF FAMILY VIOLENCE

LETHALITY ASSESSMENT PROTOCOL. (a) In this section, "lethality

assessment protocol" has the meaning assigned by Article 5.042(a),

Code of Criminal Procedure.

(b) Not later than May 30 of each year, the department shall

submit to the legislature a report on the use of the lethality

assessment protocol in responding to cases of family violence.

(c) The department shall compile the report required under

this section by aggregating the data received from law enforcement

agencies under Article 5.042(f), Code of Criminal Procedure, and

any other relevant data available to the department.

SECTION 5. Section 1701.253, Occupations Code, is amended

by adding Subsection (u) to read as follows:

(u) As part of the minimum curriculum requirements, the

commission shall require an officer to complete the training

program established under Section 1701.273.

SECTION 6. Subchapter F, Chapter 1701, Occupations Code, is

amended by adding Section 1701.273 to read as follows:

Sec. 1701.273. TRAINING PROGRAM ON FAMILY VIOLENCE

LETHALITY ASSESSMENT PROTOCOL. (a) In this section, "lethality

assessment protocol" has the meaning assigned by Article 5.042(a),

Code of Criminal Procedure.

(b) The commission by rule shall establish and maintain a

training program on:

(1) administering the lethality assessment protocol;

and

(2) recognizing high-risk family violence cases.

(c) The commission shall require an officer to complete the

training program unless the officer has completed the training

under Section 1701.253(u) or other training equivalent to the

training program as determined by the commission.

SECTION 7. Article 5.042, Code of Criminal Procedure, as

added by this Act, applies only to a peace officer's investigation

or response that occurs on or after the effective date of this Act.

An investigation or response that occurs before the effective date

of this Act is governed by the law in effect on the date that the

investigation or response occurred, and the former law is continued

in effect for that purpose.

SECTION 8. As soon as practicable after the effective date

of this Act, the Texas Commission on Law Enforcement shall adopt

rules necessary to implement the changes in law made by this Act to

Chapter 1701, Occupations Code.

SECTION 9. The minimum curriculum requirements under

Section 1701.253(u), Occupations Code, as added by this Act, apply

only to an officer who first begins to satisfy those requirements on

or after January 1, 2026.

SECTION 10. An officer who, on September 1, 2025, holds a

license under Chapter 1701, Occupations Code, shall complete the

training required by Section 1701.273, Occupations Code, as added

by this Act, not later than September 1, 2029.

SECTION 11. This Act takes effect September 1, 2025.