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AN ACT
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relating to law enforcement's use of force by means of a drone. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.33 to read as follows: |
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Art. 2.33. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. |
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(a) In this article: |
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(1) "Drone" means an unmanned aircraft, watercraft, or |
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ground vehicle or a robotic device that: |
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(A) is controlled remotely by a human operator; |
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or |
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(B) operates autonomously through computer |
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software or other programming. |
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(2) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers. |
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(b) Each law enforcement agency that uses or intends to use |
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a drone for law enforcement purposes shall: |
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(1) adopt a written policy regarding the agency's use |
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of force by means of a drone, before the agency first uses a drone, |
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and update the policy as necessary; and |
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(2) not later than January 1 of each even-numbered |
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year, submit the policy to the Texas Commission on Law Enforcement |
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in the manner prescribed by the commission. |
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SECTION 2. Subchapter E, Chapter 9, Penal Code, is amended |
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by adding Section 9.54 to read as follows: |
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Sec. 9.54. LIMITATION ON USE OF FORCE BY DRONE. (a) In this |
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section: |
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(1) "Autonomous drone" means a drone that operates |
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autonomously through computer software or other programming. |
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(2) "Drone" and "law enforcement agency" have the |
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meanings assigned by Article 2.33, Code of Criminal Procedure. |
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(b) Notwithstanding any other law, the use of force, |
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including deadly force, involving a drone is justified under this |
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subchapter only if: |
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(1) at the time the use of force occurred, the actor |
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was employed by a law enforcement agency; |
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(2) the use of force: |
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(A) would have been justified under another |
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provision of this subchapter; and |
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(B) did not involve the use of deadly force by |
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means of an autonomous drone; and |
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(3) before the use of force occurred, the law |
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enforcement agency employing the actor adopted and submitted to the |
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Texas Commission on Law Enforcement a policy on the agency's use of |
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force by means of a drone, as required by Article 2.33, Code of |
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Criminal Procedure, and the use of force conformed to the |
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requirements of that policy. |
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SECTION 3. Not later than January 1, 2022, each law |
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enforcement agency in this state that uses or intends to use a |
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drone, as defined by Article 2.33, Code of Criminal Procedure, as |
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added by this Act, for law enforcement purposes shall: |
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(1) adopt the policy required by Article 2.33, Code of |
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Criminal Procedure, as added by this Act; and |
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(2) submit the policy to the Texas Commission on Law |
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Enforcement as required by that article. |
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SECTION 4. Section 9.54, Penal Code, as added by this Act, |
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applies only to an offense committed on or after January 1, 2022. |
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An offense committed before January 1, 2022, is governed by the law |
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in effect on the date the offense was committed, and the former law |
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is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before January 1, 2022, if any |
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element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1758 was passed by the House on April |
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30, 2021, by the following vote: Yeas 125, Nays 1, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1758 on May 28, 2021, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1758 on May 30, 2021, by the following vote: Yeas 103, |
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Nays 40, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1758 was passed by the Senate, with |
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amendments, on May 24, 2021, by the following vote: Yeas 28, Nays |
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2; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1758 on May 30, 2021, by the following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |