(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

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