(a) A peace officer has a duty to intervene to stop or prevent another peace officer from using force against a person suspected of committing an offense if:
(1) the amount of force exceeds that which is reasonable under the circumstances; and
(2) the officer knows or should know that the other officer’s use of force:
(A) violates state or federal law;
(B) puts a person at risk of bodily injury, as that term is defined by § 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and
(C) is not required to apprehend the person suspected of committing an offense.
(b) A peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report.


Text of article effective until January 01, 2025

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Texas Code of Criminal Procedure 2.1387

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005