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HB 5139

Relating to a legal justification for the use of force with a less-lethal force weapon by a correctional facility guard or a peace officer.

89th Legislature (2025) Introduced by Ryan Guillen

HB 5139 creates legal justification for Texas correctional guards and peace officers to use less-lethal force weapons in specified circumstances, providing statutory liability protections.

Committee report sent to Calendars
#corrections--jails&prisons(i0092) #criminalprocedure--general(i0208) #peaceofficers(s0007) #weapons(i0887)
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Bill Summary · HB 5139

Legislative bill overview

HB 5139 establishes legal justification criteria for correctional facility guards and peace officers to use less-lethal force weapons in Texas. The bill clarifies the circumstances under which such weapons can be deployed without legal liability, providing statutory protection for law enforcement and corrections personnel exercising force within defined parameters.

Why is this important

This legislation directly affects the legal exposure of correctional and peace officers when using non-lethal tools like tasers, bean bag rounds, or pepper spray. It also impacts incarcerated individuals and the public by establishing the legal boundaries for force application in detention and policing contexts, influencing both officer behavior and potential civil/criminal liability outcomes.

Potential points of contention

  • Scope of justified force: Disagreement over what circumstances justify less-lethal weapon use—whether the standard should be high (imminent threat of death/serious injury) or broader (resistance/non-compliance)
  • Accountability concerns: Civil rights advocates may worry the bill provides excessive legal protection to officers, potentially reducing incentives for restraint or investigation of excessive force claims
  • Definitions and clarity: Questions about what constitutes "less-lethal" weapons and whether the bill's language adequately distinguishes justified force from abuse in custody environments

Compiled from official sources — confirm details with the bill’s official record.

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