Little Bill Lists What Juries Weigh On Police Force

The text as introduced · 356 words

90R2013 JCG-F

By: Little
H.B. No. 1085

A BILL TO BE ENTITLED

AN ACT

relating to the use of force by a peace officer to make an arrest or

search.

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

SECTION 1. Section 9.51, Penal Code, is amended by adding

Subsection (h) to read as follows:

(h) For purposes of this section, in determining the

reasonableness of a peace officer's belief with respect to the use

of force, including deadly force, the trier of fact shall consider:

(1) the use of force from the perspective of an

objectively reasonable peace officer in the actor's position at the

moment the force was used, rather than hindsight, without regard to

the actor's underlying intent or motivation; and

(2) all facts and circumstances known to the actor at

the time force was used, in their totality, including:

(A) the severity of the alleged offense to which

the actor is responding;

(B) whether the person against whom force was

used:

(i) posed an immediate threat to the safety

of the actor or others;

(ii) was resisting arrest or attempting to

evade arrest by fleeing; or

(iii) was armed or reasonably appeared to

be armed;

(C) the physical size, strength, and demeanor of

the person against whom force was used;

(D) the number of persons the actor confronted;

(E) the amount of time available for the actor to

have made the decision to use force;

(F) the actor's training and experience; and

(G) any other relevant circumstance existing at

the time the force was used.

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, 2027.