Bill Text: TX HB3712 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the training of and policies for peace officers.
Spectrum: Slight Partisan Bill (Republican 24-10)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB3712 Detail]
Download: Texas-2021-HB3712-Enrolled.html
H.B. No. 3712 |
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relating to the training of and policies for peace officers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subchapter F, Chapter 1701, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER F. TRAINING PROGRAMS, [ |
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SECTION 2. Subchapter F, Chapter 1701, Occupations Code, is | ||
amended by adding Section 1701.2551 to read as follows: | ||
Sec. 1701.2551. BASIC PEACE OFFICER TRAINING COURSE. (a) | ||
The basic peace officer training course required as part of a peace | ||
officer training program under Section 1701.251(a) may be no less | ||
than 720 hours. | ||
(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 by a | ||
peace officer 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. Subchapter F, Chapter 1701, Occupations Code, is | ||
amended by adding Sections 1701.269 and 1701.270 to read as | ||
follows: | ||
Sec. 1701.269. TRAINING PROGRAM AND POLICIES FOR PEACE | ||
OFFICERS. (a) The commission, in consultation with the Bill | ||
Blackwood Law Enforcement Management Institute of Texas and other | ||
interested parties chosen by the commission, shall develop and | ||
maintain a model training curriculum and model policies for law | ||
enforcement agencies and peace officers. | ||
(b) The model training curriculum and model policies | ||
developed under Subsection (a) must include: | ||
(1) curriculum and policies for banning the use of a | ||
choke hold, carotid artery hold, or similar neck restraint by a | ||
peace officer 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. | ||
Sec. 1701.270. REQUIRED POLICIES FOR LAW ENFORCEMENT | ||
AGENCIES. Not later than the 180th day after the date the | ||
commission provides the model policies described by Section | ||
1701.269(b), each law enforcement agency in this state shall adopt | ||
a policy on the topics described by that subsection. A law | ||
enforcement agency may adopt the model policies developed by the | ||
commission under that subsection. | ||
SECTION 4. Section 1701.351, Occupations Code, is amended | ||
by adding Subsection (a-2) to read as follows: | ||
(a-2) Before the first day of each 24-month training unit | ||
during which peace officers are required to complete 40 hours of | ||
continuing education programs under Subsection (a), the commission | ||
shall specify the mandated topics to be covered in up to 16 of the | ||
required hours. | ||
SECTION 5. (a) Not later than January 1, 2022, the Texas | ||
Commission on Law Enforcement shall modify the curriculum of the | ||
basic peace officer training course as necessary to comply with | ||
Section 1701.2551, Occupations Code, as added by this Act. | ||
(b) The minimum hour and content requirements for the basic | ||
peace officer training course under Section 1701.2551, Occupations | ||
Code, as added by this Act, apply only to a person who first begins | ||
the course on or after July 1, 2022. | ||
SECTION 6. Not later than January 1, 2022, the Texas | ||
Commission on Law Enforcement shall develop and make available the | ||
model training curriculum and model policies required by Section | ||
1701.269, Occupations Code, as added by this Act. | ||
SECTION 7. Section 1701.351(a-2), Occupations Code, as | ||
added by this Act, applies only to a training unit that begins on or | ||
after the effective date of this Act. | ||
SECTION 8. The Texas Commission on Law Enforcement is | ||
required to implement a provision of this Act only if the | ||
legislature appropriates money specifically for that purpose. If | ||
the legislature does not appropriate money specifically for that | ||
purpose, the commission may, but is not required to, implement a | ||
provision of this Act using other appropriations available for that | ||
purpose. | ||
SECTION 9. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3712 was passed by the House on April | ||
30, 2021, by the following vote: Yeas 123, Nays 5, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3712 on May 28, 2021, by the following vote: Yeas 147, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3712 was passed by the Senate, with | ||
amendments, on May 25, 2021, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |