SB2570 - Relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer.

      S.B. No. 2570         AN ACT   relating to a legal justification for the use of force with a   less-lethal force weapon by a correctional facility guard or a   peace officer.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 9, Penal Code, is amended   by adding Section 9.55 to read as follows:           Sec.   9.55.     USE OF LESS-LETHAL FORCE WEAPON.   (a)   In this   section, "less-lethal force weapon" means:                 (1)     any weapon, device, or munition that is designed,   made, or adapted to expel a projectile or multiple projectiles   against a target to temporarily incapacitate the target while   minimizing the risk of serious bodily injury or death;                 (2)  a chemical dispensing device;                 (3)  a device used to strike a person; or                 (4)  a stun gun, as defined by Section 38.14.           (b)     This section applies only to a guard employed by a   correctional facility or a peace officer who is engaged in the   discharge of the guard's or officer's official duties.           (c)     A person to whom this section applies is justified in   using force with a less-lethal force weapon against another when   and to the degree the person reasonably believes the force was   necessary to accomplish the person's official duties as a guard or   officer and if the person's use of the weapon is in substantial   compliance with the person's training.          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 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.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 2570 passed the Senate on   April 28, 2025, by the following vote: Yeas 20, Nays 11; and that   the Senate concurred in House amendment on May 26, 2025, by the   following vote: Yeas 21, Nays 10.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 2570 passed the House, with   amendment, on May 22, 2025, by the following vote: Yeas 101,   Nays 35, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor