bill to make officers separate suspect and victim before interviews

The text as introduced · 250 words

90R4458 RAL-D

By: Ward Johnson
H.B. No. 346

A BILL TO BE ENTITLED

AN ACT

relating to the duty of a peace officer to physically separate a

suspect and potential victim while conducting an interview during a

family violence investigation or during a disturbance call that may

involve family violence.

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

SECTION 1. Chapter 5A, Code of Criminal Procedure, as

effective April 1, 2027, is amended by adding Article 5A.0065 to

read as follows:

Art. 5A.0065. PHYSICAL SEPARATION OF SUSPECT AND POTENTIAL

VICTIM. A peace officer who investigates a family violence

allegation or responds to a disturbance call that may involve

family violence shall, to the extent practicable under the

circumstances, physically separate the individuals at the scene and

conduct an interview of the potential victim in a manner that

prevents the suspect from intimidating the victim while the victim

is providing statements and other evidence to the investigating

peace officer, including, as practicable, by:

(1) preventing the suspect from being able to make eye

contact with the victim or make any other nonverbal communication

to the victim;

(2) placing the suspect and victim into separate

rooms, if both are detained indoors; and

(3) preventing the suspect from making verbal

communications to the victim by:

(A) placing the suspect at a distance from the

victim at which speech is not likely to be overheard or

intelligible; or

(B) using physical barriers.

SECTION 2. This Act takes effect September 1, 2027.