bill narrowing when officers can skip aid for the injured

The text as introduced · 785 words

89R1387 GP-F

By: Thompson
H.B. No. 888

A BILL TO BE ENTITLED

AN ACT

relating to the duty of a peace officer to request and render aid

for an injured person.

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

SECTION 1. Article 2B.0301(b), Code of Criminal Procedure,

is amended to read as follows:

(b) The peace officer is not required to request emergency

medical services or provide first aid or treatment under Subsection

(a) if:

(1) making the request or providing the treatment

would expose the officer or another person to a likely risk of

serious bodily injury; or

(2) the officer is injured and physically unable to

make the request or provide the treatment.

SECTION 2. Section 1701.2551(b), Occupations Code, is

amended to read as follows:

(b) The basic peace officer training course must include

training on:

(1) the prohibition against the intentional use of a

choke hold, carotid artery hold, or similar neck restraint by a

peace officer in searching or arresting a person, unless the

officer reasonably believes the restraint is necessary to prevent

serious bodily injury to or the death of the peace officer or

another person;

(2) the duty of a peace officer to intervene to stop or

prevent another peace officer from using force against a person

suspected of committing an offense if:

(A) the amount of force exceeds that which is

reasonable under the circumstances; and

(B) the officer knows or should know that the

other officer's use of force:

(i) violates state or federal law;

(ii) 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

(iii) is not required to apprehend the

person suspected of committing an offense; and

(3) the duty of a peace officer [ who encounters an

injured person while discharging the officer's official duties ] to

[ immediately and as necessary ] request [ emergency medical services

personnel to provide the person with emergency medical services ]

and render [ , while waiting for emergency medical services

personnel to arrive, provide first ] aid for an injured [ or

treatment to the ] person as prescribed by Article 2B.0301, Code of

Criminal Procedure [ to the extent of the officer's skills and

training, unless the request for emergency medical services

personnel or the provision of first aid or treatment would expose

the officer or another person to a risk of bodily injury or the

officer is injured and physically unable to make the request or

provide the treatment ].

SECTION 3. Section 1701.269(b), Occupations Code, is

amended to read as follows:

(b) The model training curriculum and model policies

developed under Subsection (a) must include:

(1) curriculum and policies for banning the use of a

choke hold, carotid artery hold, or similar neck restraint by a

peace officer in searching or arresting a person, unless the

officer reasonably believes the restraint is necessary to prevent

serious bodily injury to or the death of the peace officer or

another person;

(2) curriculum and policies regarding the duty of a

peace officer to intervene to stop or prevent another peace officer

from using force against a person suspected of committing an

offense if:

(A) the amount of force exceeds that which is

reasonable under the circumstances; and

(B) the officer knows or should know that the

other officer's use of force:

(i) violates state or federal law;

(ii) 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

(iii) is not required to apprehend the

person suspected of committing an offense; and

(3) curriculum and policies regarding the duty of a

peace officer [ who encounters an injured person while discharging

the officer's official duties ] to [ immediately and as necessary ]

request [ emergency medical services personnel to provide the person

with emergency medical services ] and render [ , while waiting for

emergency medical services personnel to arrive, provide first ] aid

for an injured [ or treatment to the ] person as prescribed by Article

2B.0301, Code of Criminal Procedure [ to the extent of the officer's

skills and training, unless the request for emergency medical

services personnel or the provision of first aid or treatment would

expose the officer or another person to a risk of bodily injury or

the officer is injured and physically unable to make the request or

provide the treatment ].

SECTION 4. This Act takes effect September 1, 2025.