bill tightening the ban on police neck restraints

The text as introduced · 804 words

89R2196 CMO-F

By: Thompson
H.B. No. 896

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition on the use of a neck restraint by a

peace officer during a search or arrest.

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

SECTION 1. Article 2B.0252, Code of Criminal Procedure, is

amended to read as follows:

Art. 2B.0252. 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 :

(1) the restraint is necessary to prevent serious

bodily injury to or the death of the officer or another person ; and

(2) the officer discontinues the restraint as soon as

the threat of serious bodily injury or death described by

Subdivision (1) has passed .

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 during a

search or arrest by a peace officer as prescribed by Article

2B.0252, Code of Criminal Procedure [ 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, while waiting for emergency medical services personnel to

arrive, provide first aid or treatment to the person 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 curriculum and policies

regarding :

(1) the prohibition against the intentional

[ curriculum and policies for banning the ] use of a choke hold,

carotid artery hold, or similar neck restraint during a search or

arrest by a peace officer as prescribed by Article 2B.0252, Code of

Criminal Procedure [ 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, while waiting for emergency

medical services personnel to arrive, provide first aid or

treatment to the person 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.