HB 346 — The duty of a peace officer to physically separate a sus

90R4458 RAL-D By: Ward Johnson H.B. No. 346 relating to the duty of a peace officer to physically separate a suspect and potential victim while conducting an interview during a family violence investigation or during a disturbance call that may involve family violence.

SECTION 1. Chapter 5A, Code of Criminal Procedure, as effective April 1, 2027, is amended by adding Article 5A.0065 to read as follows: Art. 5A.0065. PHYSICAL SEPARATION OF SUSPECT AND POTENTIAL VICTIM. A peace officer who investigates a family violence allegation or responds to a disturbance call that may involve family violence shall, to the extent practicable under the circumstances, physically separate the individuals at the scene and conduct an interview of the potential victim in a manner that prevents the suspect from intimidating the victim while the victim is providing statements and other evidence to the investigating peace officer, including, as practicable, by: (1) preventing the suspect from being able to make eye contact with the victim or make any other nonverbal communication to the victim; (2) placing the suspect and victim into separate rooms, if both are detained indoors; and (3) preventing the suspect from making verbal communications to the victim by: (A) placing the suspect at a distance from the victim at which speech is not likely to be overheard or intelligible; or (B) using physical barriers.

SECTION 2. This Act takes effect September 1, 2027.