Texas House Bill prevents police officers from being charged with deadly conduct

Texas bill aims to increase protection for police

Texas house lawmakers gave initial approval to legislation that would exempt police officers from being charged with 'deadly conduct'.

Texas house lawmakers gave initial approval to legislation that would exempt police officers from being charged with 'deadly conduct'. It's a charge that prosecutors have used to arrest and convict officers who are accused of misconduct while on duty.

House Bill 2436

The bill is now headed to its third and final reading in the Texas House on the house floor, as some Democratic representatives questioned if the change would encourage reckless conduct by law enforcement.

The bill aims to increase the protection of law enforcement officers and advanced through the house on Tuesday afternoon.

House bill 2436 and its companion Senate bill 1637 would exempt law enforcement officers from being charged with deadly conduct for actions taken in the line of duty.

The senate version of the bill passed the chamber earlier this month.

The bill’s author, Republican representative Cole Hefner and supporters, argue the current broad language allows law enforcement officers to be charged with deadly conduct while performing their duties.

What they're saying:

"It was never intended to go after law enforcement officers and the lawful discharge of their duties. It has since been inappropriately applied to law enforcement officers," said Hefner.

"It does not absolve them of any responsibility. Absolutely not. They are still held accountable under chapter 9 of the penal code, which spells out what is justified and OK and what is not."

Democrat representatives Harold Dutton and Barbara Gervins Hawkins offered up some debate on Tuesday, ensuring all police officers will still be held accountable.

"Can you assure me this body is not immunity?" asked Hawkins.

"This is not immunity," said Hefner.

What is ‘deadly conduct’?

The deadly conduct offense was originally created to combat the rise of gang violence, including drive-by shootings.

In recent years, a handful of police officers in Texas have been on trial for deadly conduct.

Officers in Dallas were indicted on deadly conduct charges after launching rubber bullets against demonstrators in 2020.

Critics of the bill say this would encourage reckless conduct by police officers. 

What's next:

The bill did advance with an amendment from representative Joe Moody. That amendment changed the language of the bill to say the officer must have reasonably believed that using their firearm was necessary.