Bill: SB 69, 87(R) - 2021

Committee

Senate Jurisprudence

2nd Chamber Committee

House Homeland Security & Public Safety

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
No Neutral Neutral Neutral Negative Neutral

Author(s)

Borris Miles

Co-Author(s)

Carol Alvarado
César J Blanco
Sarah Eckhardt
Juan "Chuy" Hinojosa
Nathan Johnson
Eddie Lucio Jr.
Jose Menendez
Beverly Powell
Royce West
Judith Zaffirini

Sponsor(s)

James White

Bill Caption

Relating to prohibiting peace officers from using neck restraints during a search or arrest.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 69 would prohibit a peace officer from intentionally using a choke hold or other similar neck restraint on a person in the execution of a search or arrest, unless the restraint is necessary to prevent serious bodily injury to the officer or another person.

Vote Recommendation Notes

Texas Action opposes SB 69 because it could lead to deadlier uses of force against citizens. Approved chokehold techniques used by law enforcement are almost never lethal; eliminating their use entirely is likely to cause officers to use techniques that are more harmful. Even though the exception provided in the bill would allow the use of these techniques in certain circumstances, law enforcement officers may be apprehensive about using them when necessary for fear of liability and default to other, more dangerous options. 

The Legislature should instead implement alternative policies to limit improper uses of force and misconduct, such as eliminating qualified immunity.


Source URL (retrieved on 04/18/2024 04:04 PM): http://reports.texasaction.com/bill/87r/sb69?print_view=true