HB2648 - Relating to the use of deadly force to make an arrest.

  89R11375 JRR-D     By: Dutton H.B. No. 2648       A BILL TO BE ENTITLED   AN ACT   relating to the use of deadly force to make an arrest.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 9.51(c) and (d), Penal Code, are   amended to read as follows:          (c)  A peace officer is justified in using deadly force   against another when and to the degree the peace officer reasonably   believes the deadly force is immediately necessary to make an   arrest, or to prevent escape after arrest, if :                 (1)   the use of force would have been justified under   Subsection (a) ;                 (2)     the person to be arrested or attempting to escape   after arrest possesses a deadly weapon; and                 (3)   [ :                [ (1) ]  the peace officer [ actor ] reasonably believes :                       (A)   the conduct for which arrest is authorized   included the use or attempted use of deadly force; or                       (B)  [ (2)  the actor reasonably believes ] there is   a substantial risk that the person to be arrested or attempting to   escape after arrest will cause death or serious bodily injury to the   actor or another if the arrest or apprehension is delayed.          (d)  A person who is not  [ other than ] a peace officer but is     acting in a peace officer's presence and at the officer's  [ his ]   direction is justified in using deadly force against another when   and to the degree the person reasonably believes the deadly force is   immediately necessary to make a lawful arrest, or to prevent escape   after a lawful arrest, if :                 (1)   the use of force would have been justified under   Subsection (b) ;                 (2)     the person to be arrested or attempting to escape   after arrest possesses a deadly weapon; and                 (3)   [ :                [ (1) ] the actor reasonably believes :                       (A)   the felony or offense against the public   peace for which arrest is authorized included the use or attempted   use of deadly force; or                       (B)   [ (2)  the actor reasonably believes ] there   is a substantial risk that the person to be arrested or attempting   to escape after arrest  will cause death or serious bodily injury to   another if the arrest or apprehension is delayed.          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, 2025.