Texas law allows prosecutors across the state to charge police officers with deadly conduct if their actions are reckless and threaten bodily injury. However, lawmakers want to change that statute with House Bill 2436, which would prevent officers from ending up at the defendant’s table.
What does Texas law say about police officers committing deadly conduct?
Texas law stipulates two situations in which prosecutors can file a deadly conduct charge: “A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. A person commits an offense if he knowingly discharges a firearm at or in the direction of one or more individuals; or a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.”
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In some cases, an officer who fires their weapon in the line of duty and kills someone can be charged in criminal court if it is determined they acted recklessly.
“Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded,” the law states.
Texas House Bill 2436
Texas’ current law was written to help prosecutors handle increasing gang violence across the state. However, HB 2436’s author, Rep. Cole Hefner, argues its original purpose has been altered to charge police officers, and his legislation would act as their shield. Hefner wrote a provision within the bill to apply retroactively, such as in the case of former Austin police officer Christopher Taylor.
Taylor fired his weapon during a call in 2019, killing a man undergoing a mental health crisis. Mauris DeSilva was holding a knife when Taylor and other officers approached him. A jury later found Taylor guilty and he was sentenced to two years in prison for deadly conduct.
Veteran police officers have stark opinions against the current law. Former Austin police officer Jerry Staton told the Texas Tribune that in the line of duty, you are trained to regularly point and use your weapons. In other words, he argued, every officer is at risk of violating the deadly conduct statute.
Criticism to the proposed legislation
The Austin Area Urban League told the Texas Tribune, “Bad actors and mistakes do happen in every profession and our police officers, our police force, is not an exception to that.” Vice President Yasmine Smith added that the statute is in place to hold those “bad actors” accountable for their actions.
Opponents of the proposed law are likewise concerned about what they see as potential negative consequences. They argue that eliminating the lesser charge of deadly conduct could force prosecutors to pursue more severe charges, such as aggravated assault, against law enforcement officers.
A petition on Change.org calls the legislation a “horrifying bill” that isn’t about protecting good policing. More than 170 people have signed, some of whom have left comments about the bill.
“I understand that using various acts of force are sometimes a necessary part of the job but there’s absolutely no logical reason for there to be less accountability for law enforcement, especially when they take someone’s life,” one person wrote. “Passing laws that make it easier to get away with violent acts will only generate more distrust and fear of police and that will inevitably lead to more violence overall.”
Texas state senators passed similar legislation at the start of April, known as Senate Bill 1637.
