Bill Text: TX HB2334 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting a peace officer from using less lethal devices to control the activity or movement of a nonviolent gathering of persons or disperse persons engaging in protected speech or expressive conduct.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Homeland Security & Public Safety [HB2334 Detail]
Download: Texas-2021-HB2334-Introduced.html
87R8779 KJE-D | ||
By: Crockett | H.B. No. 2334 |
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relating to prohibiting a peace officer from using less lethal | ||
devices to control the activity or movement of a nonviolent | ||
gathering of persons or disperse persons engaging in protected | ||
speech or expressive conduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Brandon Saenz Act. | ||
SECTION 2. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.33 to read as follows: | ||
Art. 2.33. PROHIBITION ON USE OF LESS LETHAL DEVICES FOR | ||
CROWD CONTROL OR DISPERSAL. (a) In this article: | ||
(1) "Law enforcement agency" means an agency of the | ||
state or an agency of a political subdivision of the state | ||
authorized by law to employ peace officers. | ||
(2) "Less lethal chemical device" means a less lethal | ||
device designed to be launched or thrown as a projectile for the | ||
purpose of incapacitating or substantially diminishing the | ||
capacity of the target by causing chemical irritation of the eyes, | ||
throat, lungs, or skin. The term includes chemical devices | ||
commonly known as "tear gas," "pepper bullets," "pepper pellets," | ||
and "smoke grenades." | ||
(3) "Less lethal device" means a weapon, ammunition, | ||
or other device designed to reduce the risk of serious bodily injury | ||
or death compared to a deadly weapon, as defined by Section 1.07, | ||
Penal Code. The term includes a less lethal chemical device or less | ||
lethal projectile. | ||
(4) "Less lethal projectile" means a less lethal | ||
device that is discharged from a firearm or other device for the | ||
purpose of incapacitating or substantially diminishing the | ||
capacity of the target by inflicting blunt trauma. The term | ||
includes ammunition commonly known as "rubber bullets," "wooden | ||
bullets," "sponge rounds," and "bean bag rounds." | ||
(b) A peace officer may not use a less lethal device as a | ||
means to: | ||
(1) control the activity or movement of a nonviolent | ||
gathering of persons; or | ||
(2) disperse persons engaging in speech or expressive | ||
conduct protected by the First Amendment to the United States | ||
Constitution or Section 8, Article 1, Texas Constitution. | ||
(c) Each law enforcement agency in this state shall adopt a | ||
policy that prohibits a peace officer employed by the agency from | ||
using less lethal devices for a purpose prohibited under Subsection | ||
(b). | ||
SECTION 3. Not later than January 1, 2022, each law | ||
enforcement agency in this state shall adopt the policy required by | ||
Article 2.33, Code of Criminal Procedure, as added by this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. |