Texas lawmakers advance bill to exempt police from deadly conduct charges

AUSTIN, Texas - The Texas House on Tuesday voted on a bill that would exempt police officers from being charged with deadly conduct for actions taken in the line of duty.

House Bill 2436 and its companion Senate Bill 1637 would exempt law enforcement from being charged with the offense while acting in the line of duty.

The Senate version of the bill passed the chamber 27-3 earlier this month.

During Tuesday's House session, lawmakers advanced an amended version of Senate Bill 1637 103-42 with two members listed as present and not voting.

The bill now heads to a third reading.

The passage came with some debate as Port Arthur Democrat Christian Manuel pushed for an amendment that would require peace officers to carry liability insurance for cases of misconduct. It was ultimately tabled.

An amendment from Rep. Joe Moody (D-El Paso) did survive and changed the language of the bill to say the officer must have "reasonably believed" that using their firearm was necessary.

What they're saying:

Supporters say Texas is the only state that has such a broad deadly conduct offense and this bill will increase protection for law enforcement officers. Other states have more narrowly tailored laws surrounding the unlawful use of firearms.

Supporters argue that the current law’s broad language allows law enforcement officers to be charged with deadly conduct while performing the duties of their job.

The other side:

Critics, on the other hand, say the bill would encourage reckless conduct by law enforcement officers and reduce accountability for bad actors.

Critics argue that state laws already grant several reasons for the justification of deadly force that can be used as a defense and say that qualified immunity protects those officers from civil liabilities.

What is deadly conduct?

In Texas, deadly conduct can be charged in instances where a person recklessly engages in conduct that places another in imminent danger of serious bodily injury. The offense also includes a person shooting a firearm in the direction of one or more persons.

The offense was created originally to combat the rise of gang violence and drive-by shootings, but supporters of HB 2436 say the law, as currently written, causes law enforcement officers to pause before using their firearms in the line of duty, even during dangerous situations.

Law enforcement officers charged with deadly conduct

Last year, Austin Police officer Christopher Taylor was convicted of deadly conduct in the 2019 death of Dr. Mauris DeSilva. He was sentenced to two years in prison.

Taylor and two other officers responded to a downtown condo building for a person having a mental health crisis and holding a knife to his throat.

Officers gave the man commands when they arrived, and he could be seen on body camera footage putting the knife to his side and walking towards the officers. Taylor and officer Karl Krycia shot DeSilva, while a third officer fired their stun gun.

Taylor and Krycia were both charged with murder and deadly conduct.

A trial date for Krycia has not been set.