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.