HB4493 - Relating to the duty of a peace officer to use a standardized lethality assessment protocol when investigating a family violence allegation or responding to a disturbance call that may involve family violence; providing training requirements for peace officers and reporting requirements for the Department of Public Safety.

  89R15689 JSC-F     By: Jones of Harris H.B. No. 4493       A BILL TO BE ENTITLED   AN ACT   relating to the duty of a peace officer to use a standardized   lethality assessment protocol when investigating a family violence   allegation or responding to a disturbance call that may involve   family violence; providing training requirements for peace   officers and reporting requirements for the Department of Public   Safety.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Family Violence   Lethality Assessment Act.          SECTION 2.  (a) The legislature finds that:                (1)  family violence is a serious public health and   safety issue that often escalates to severe bodily injury or death;                (2)  studies have shown that certain risk factors can   predict the likelihood of lethal violence in family violence   situations; and                (3)  the use of a lethality assessment protocol by law   enforcement officers at the scene of an assault or family violence   incident can help identify victims at high risk of serious bodily   injury or death and connect victims with necessary resources.          (b)  The purpose of this Act is to require all law   enforcement agencies in this state to administer a standardized   lethality assessment questionnaire when investigating a family   violence allegation or responding to a disturbance call that may   involve family violence.          SECTION 3.  Chapter 5, Code of Criminal Procedure, is   amended by adding Article 5.042 to read as follows:           Art.   5.042.     LETHALITY ASSESSMENT PROTOCOL. (a)   In this   article, "lethality assessment protocol" means a standardized   screening tool administered by law enforcement officers to assess   the risk of serious bodily injury or death in cases of family   violence.           (b)     In addition to a peace officer's duties under Article   5.04, a peace officer who investigates a family violence allegation   or who responds to a disturbance call that may involve family   violence shall immediately administer a lethality assessment   protocol under this article on arrival at the scene if:                 (1)  there is physical evidence of an assault;                 (2)  the alleged victim exhibits fear or distress; or                 (3)     the officer believes there is an ongoing threat to   the safety of the victim or other person, such as a child, who is   present at the scene.           (c)     An officer administering the lethality assessment   protocol shall ask the alleged victim the following questions:                 (1)     "Has the aggressor ever used or threatened to use a   weapon against you or your children?";                 (2)     "Has the aggressor ever threatened to kill you or   your children?";                 (3)     "Do you believe the aggressor will try to kill you   or your children?";                 (4)     "Has the aggressor ever choked or attempted to   choke you or your children?";                 (5)     "Does the aggressor have access to or the ability   to easily obtain a gun?";                 (6)     "Is the aggressor violently or constantly jealous,   or does the aggressor control most of your daily activities?";                 (7)     "Have you recently left or separated from the   aggressor after living together or being married?";                 (8)  "Is the aggressor unemployed?";                 (9)     "To your knowledge, has the aggressor ever   attempted suicide?";                 (10)     "Do you have a child that the aggressor believes   is not his biological offspring?";                 (11)     "Has the aggressor ever followed, spied on, or   left threatening messages for you?"; and                 (12)     "Is there anything else that makes you fear for   the safety of you or your children?".           (d)     If the victim answers "yes" to any question under   Subsections (c)(1)-(5) or answers "yes" to a total of four or more   questions under Subsection (c), the officer shall:                 (1)     inform the victim and other persons present at the   scene, as applicable, that they are at high risk of serious bodily   injury or death;                 (2)     contact a family violence center or victim   advocate for assistance;                 (3)     immediately escort the victim and other persons,   as applicable, from the premises or provide standby assistance   under Article 5.045; and                 (4)     inform the victim about the procedure for applying   for a protective order.           (e)     If, based on the victim's answers to the questions under   Subsection (c), the requirements of Subsection (d) do not apply,   the officer shall assist the victim in safety planning and refer the   victim to local family violence support services if, in the   officer's opinion, the victim exhibits signs of distress.           (f)  Each law enforcement agency shall:                 (1)     maintain a record of each lethality assessment   administered by an officer of that agency as provided by this   article, including:                       (A)     the number of times the assessment was   conducted;                       (B)     the number of cases identified as high risk;   and                       (C)     the number of victims referred to local   family violence support services; and                   (2)     provide the information described by Subdivision   (1) to the Department of Public Safety in the form and manner   prescribed by the department.          SECTION 4.  Subchapter D, Chapter 411, Government Code, is   amended by adding Section 411.056 to read as follows:           Sec.   411.056.     ANNUAL REPORT ON USE OF FAMILY VIOLENCE   LETHALITY ASSESSMENT PROTOCOL. (a)   In this section, "lethality   assessment protocol" has the meaning assigned by Article 5.042(a),   Code of Criminal Procedure.           (b)     Not later than May 30 of each year, the department shall   submit to the legislature a report on the use of the lethality   assessment protocol in responding to cases of family violence.           (c)     The department shall compile the report required under   this section by aggregating the data received from law enforcement   agencies under Article 5.042(f), Code of Criminal Procedure, and   any other relevant data available to the department.          SECTION 5.  Section 1701.253, Occupations Code, is amended   by adding Subsection (u) to read as follows:           (u)     As part of the minimum curriculum requirements, the   commission shall require an officer to complete the training   program established under Section 1701.273.          SECTION 6.  Subchapter F, Chapter 1701, Occupations Code, is   amended by adding Section 1701.273 to read as follows:           Sec.   1701.273.     TRAINING PROGRAM ON FAMILY VIOLENCE   LETHALITY ASSESSMENT PROTOCOL. (a)   In this section, "lethality   assessment protocol" has the meaning assigned by Article 5.042(a),   Code of Criminal Procedure.           (b)     The commission by rule shall establish and maintain a   training program on:                 (1)     administering the lethality assessment protocol;   and                 (2)  recognizing high-risk family violence cases.           (c)     The commission shall require an officer to complete the   training program unless the officer has completed the training   under Section 1701.253(u) or other training equivalent to the   training program as determined by the commission.          SECTION 7.  Article 5.042, Code of Criminal Procedure, as   added by this Act, applies only to a peace officer's investigation   or response that occurs on or after the effective date of this Act.   An investigation or response that occurs before the effective date   of this Act is governed by the law in effect on the date that the   investigation or response occurred, and the former law is continued   in effect for that purpose.          SECTION 8.  As soon as practicable after the effective date   of this Act, the Texas Commission on Law Enforcement shall adopt   rules necessary to implement the changes in law made by this Act to   Chapter 1701, Occupations Code.          SECTION 9.  The minimum curriculum requirements under   Section 1701.253(u), Occupations Code, as added by this Act, apply   only to an officer who first begins to satisfy those requirements on   or after January 1, 2026.          SECTION 10.  An officer who, on September 1, 2025, holds a   license under Chapter 1701, Occupations Code, shall complete the   training required by Section 1701.273, Occupations Code, as added   by this Act, not later than September 1, 2029.          SECTION 11.  This Act takes effect September 1, 2025.