Less-Lethal Weapon Defense Reaches Guards The Caption Never Names

The text as introduced · 832 words

By: West
S.B. No. 1421

A BILL TO BE ENTITLED

AN ACT

Relating to less-lethal force weapons, including a defense to

prosecution for certain offenses involving the use of a less lethal

force weapon by a peace officer, and policies for law enforcement

agencies concerning use of less-lethal force weapons.

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

SECTION 1. Chapter 9, Penal Code, is amended by adding

Section 9.55 to read as follows:

SEC. 9.55. DEFENSE INVOLVING USE OF A LESS-LETHAL FORCE

WEAPON.

(a)In this section, "less-lethal force weapon" means a

weapon that expels a projectile that is designed, made, or adapted

to temporarily incapacitate a target while minimizing the risk of

serious bodily injury or death and includes a "stun gun" as defined

by Section 38.14, Penal Code. A "stun gun" as defined in Art 38.14

is considered a less-lethal weapon for the purposes of this

section.

(b) In the prosecution of a peace officer or guard employed

by a correctional facility under this code that resulted in the

serious bodily injury or death of an individual from the officer's

use of a less-lethal force weapon, the actor is justified in using a

less-lethal force weapon if at the time the conduct charged:

(1) the actor reasonably believed the use of the

less-lethal force weapon was immediately necessary to accomplish

the officer's official duties; and

(2)the actor's use of a less lethal force weapon was in

compliance with:

(A) the actor's training;

(B) the policies and procedures of the law

enforcement agency employing the actor;

(C) the manufacturer's instructions for use of

the less lethal projectile;

(D) then existing state law and

(E) minimum standards of law enforcement agencies

under Occupations Code 1701.163.

SECTION 2. Chapter 1701, Occupations Code, Sec. 1701.163 is

amended by adding Sec. 1701.163(5)(A) to read as follows:

Sec. 1701.163. MINIMUM STANDARDS FOR LAW ENFORCEMENT

AGENCIES. The commission, with input from an advisory committee,

shall by rule establish minimum standards with respect to the

creation or continued operation of a law enforcement agency based

on the function, size, and jurisdiction of the agency, including:

(1) a determination regarding the public benefit of

creating the agency in the community;

(2) the sustainable funding sources for the agency;

(3) the physical resources available to officers,

including:

(A) all standard duty firearms;

(B)less lethal force weapons, including a

requirement of at least one per officer on duty;

(C) effective communications equipment;

(D) protective equipment, including a requirement

of at least one bullet-resistant vest per officer on duty;

(E) officer uniforms; and

(F) patrol vehicles and associated equipment;

(4)the physical facilities of the agency, including any

evidence room, dispatch area, or public area;

(5)the policies of the agency, including policies on:

(A) use of force including but not limited to

empty-hand techniques, firearms, and less lethal force weapons ;

(B) vehicle pursuit;

(C) professional conduct of officers;

(D) domestic abuse protocols;

(E) response to missing persons;

(F) supervision of part-time officers;

(G) impartial policing;

(H) active shooters; and

(I) barricaded subjects;

SECTION 3 . USE OUTSIDE CONFINES OF POLICY NOT PERMITTED.

(a) This section does not permit the use of a less-lethal force

weapons by an officer outside the policy of a law enforcement agency

or the model policy created by the Texas Commission on Law

Enforcement Education under Occupations Code Sec. 1701.163(5)) or

beyond what is permissible under other existing state law.

(b) A law enforcement agency issuing a less-lethal force

weapon to an officer employed by the agency, or to an officer whose

certification is held or sponsored by the agency, is required to

adopt a policy approved by the Texas Commission on Law Enforcement

Education or use the model policy created by the Commission under

Occupations Code Sec. 1701.163(5) and offer training on less lethal

force weapons prior to issuing an officer employed by the agency, or

an officer whose certification is held or sponsored by the agency, a

less lethal force weapon.

(c) A law enforcement officer who is equipped with a less

lethal force weapon shall be trained on each less lethal force

weapon assigned and maintain and continue all certifications while

equipped with a less lethal force weapon.

SECTION 4. The changes made by this Act apply 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 law in effect on the date that offense was committed, and the

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

of this Act, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.