HB896 - Relating to the prohibition on the use of a neck restraint by a peace officer during a search or arrest.

  89R2196 CMO-F     By: Thompson H.B. No. 896       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition on the use of a neck restraint by a   peace officer during a search or arrest.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 2B.0252, Code of Criminal Procedure, is   amended to read as follows:          Art. 2B.0252.  USE OF NECK RESTRAINTS DURING SEARCH OR ARREST   PROHIBITED.  A peace officer may not intentionally use a choke hold,   carotid artery hold, or similar neck restraint in searching or   arresting a person unless :                 (1)   the restraint is necessary to prevent serious   bodily injury to or the death of the officer or another person ; and                 (2)     the officer discontinues the restraint as soon as   the threat of serious bodily injury or death described by   Subdivision (1) has passed .          SECTION 2.  Section 1701.2551(b), Occupations Code, is   amended to read as follows:          (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 during a   search or arrest by a peace officer as prescribed by Article   2B.0252, Code of Criminal Procedure [ 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.  Section 1701.269(b), Occupations Code, is   amended to read as follows:          (b)  The model training curriculum and model policies   developed under Subsection (a) must include curriculum and policies   regarding :                (1)   the prohibition against the intentional   [ curriculum and policies for banning the ] use of a choke hold,   carotid artery hold, or similar neck restraint during a search or   arrest by a peace officer as prescribed by Article 2B.0252, Code of   Criminal Procedure [ 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.          SECTION 4.  This Act takes effect September 1, 2025.