SB1421 - Relating to less-lethal force weapons, including a defense to prosecution for certain offenses involving the use of a less lethal force weapon by a peace officer, and policies for law enforcement agencies concerning use of less-lethal force weapons.

      By: West S.B. No. 1421               A BILL TO BE ENTITLED   AN ACT   Relating to less-lethal force weapons, including a defense to   prosecution for certain offenses involving the use of a less lethal   force weapon by a peace officer, and policies for law enforcement   agencies concerning use of less-lethal force weapons.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 9, Penal Code, is amended by adding   Section 9.55 to read as follows:           SEC. 9.55. DEFENSE INVOLVING USE OF A LESS-LETHAL FORCE   WEAPON.           (a)In this section, "less-lethal force weapon" means a   weapon that expels a projectile that is designed, made, or adapted   to temporarily incapacitate a target while minimizing the risk of   serious bodily injury or death and includes a "stun gun" as defined   by Section 38.14, Penal Code. A "stun gun" as defined in Art 38.14   is considered a less-lethal weapon for the purposes of this   section.           (b)     In the prosecution of a peace officer or guard employed   by a correctional facility under this code that resulted in the   serious bodily injury or death of an individual from the officer's   use of a less-lethal force weapon, the actor is justified in using a   less-lethal force weapon if at the time the conduct charged:                 (1)     the actor reasonably believed the use of the   less-lethal force weapon was immediately necessary to accomplish   the officer's official duties; and           (2)the actor's use of a less lethal force weapon was in   compliance with:                       (A) the actor's training;                       (B)     the policies and procedures of the law   enforcement agency employing the actor;                       (C)     the manufacturer's instructions for use of   the less lethal projectile;                       (D) then existing state law and                       (E)   minimum standards of law enforcement agencies   under Occupations Code 1701.163.          SECTION 2.  Chapter 1701, Occupations Code, Sec. 1701.163 is   amended by adding Sec. 1701.163(5)(A) to read as follows:          Sec. 1701.163.  MINIMUM STANDARDS FOR LAW ENFORCEMENT   AGENCIES. The commission, with input from an advisory committee,   shall by rule establish minimum standards with respect to the   creation or continued operation of a law enforcement agency based   on the function, size, and jurisdiction of the agency, including:                (1)  a determination regarding the public benefit of   creating the agency in the community;                (2)  the sustainable funding sources for the agency;                (3)  the physical resources available to officers,   including:                      (A)  all standard duty firearms;                      (B)less lethal force weapons, including a   requirement of at least one per officer on duty;                      (C) effective communications equipment;                      (D) protective equipment, including a requirement   of at least one bullet-resistant vest per officer on duty;                      (E) officer uniforms; and                      (F)  patrol vehicles and associated equipment;                (4)the physical facilities of the agency, including any   evidence room, dispatch area, or public area;                (5)the policies of the agency, including policies on:                      (A)  use of force including but not limited to   empty-hand techniques, firearms, and less lethal force weapons ;                      (B) vehicle pursuit;                      (C) professional conduct of officers;                      (D) domestic abuse protocols;                      (E) response to missing persons;                      (F) supervision of part-time officers;                      (G) impartial policing;                      (H) active shooters; and                      (I) barricaded subjects;           SECTION   3 .     USE OUTSIDE CONFINES OF POLICY NOT PERMITTED.     (a)     This section does not permit the use of a less-lethal force   weapons by an officer outside the policy of a law enforcement agency   or the model policy created by the Texas Commission on Law   Enforcement Education under Occupations Code Sec. 1701.163(5)) or   beyond what is permissible under other existing state law.           (b)   A law enforcement agency issuing a less-lethal force   weapon to an officer employed by the agency, or to an officer whose   certification is held or sponsored by the agency, is required to   adopt a policy approved by the Texas Commission on Law Enforcement   Education or use the model policy created by the Commission under   Occupations Code Sec. 1701.163(5) and offer training on less lethal   force weapons prior to issuing an officer employed by the agency, or   an officer whose certification is held or sponsored by the agency, a   less lethal force weapon.           (c)   A law enforcement officer who is equipped with a less   lethal force weapon shall be trained on each less lethal force   weapon assigned and maintain and continue all certifications while   equipped with a less lethal force weapon.          SECTION 4.  The changes made by this Act apply 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 law in effect on the date that offense was committed, and the   former law is continued in effect for that purpose. For the purposes   of this Act, an offense was committed before the effective date of   this Act if any element of the offense occurred before that date.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.