Excerpt from the Department of Public Safety General Manual:

05.95.00 USE OF FORCE

05.95.01 Purpose. It is the policy of the Texas Department of Public Safety to value and preserve human
life. This policy sets forth criteria governing the use of force by commissioned members of the Texas
Department of Public Safety.

Officers shall use only the force that is objectively reasonable to effectively bring an incident under
control, while protecting the safety of the officer and others. Officers shall use force only when no
reasonably effective alternative appears to exist and shall use only the level of force which a reasonably
prudent officer would use under the same or similar circumstances.

The intentional unlawful use of force by law enforcement officers is an affront to the public’s trust and a
violation of the oath each commissioned member has taken. In its appropriate application, law
enforcement use of force must only be to further a legitimate law enforcement objective and must never
be punitive, vengeful, nor in response to verbal provocation alone.

05.95.02 Definitions.

1. Bodily Injury: Physical pain, illness or any impairment of physical condition.

2. Chemical Agent Spray: In this chapter chemical agent spray means oleoresin capsicum, also
referred to as “OC” or “pepper spray,” which has been issued and authorized for personnel to carry
by the Department.

3. Choke Hold: A physical maneuver that intentionally restricts an individual’s ability to breathe by
applying force in any manner to the person’s neck, or a technique intended and used to
incapacitate individuals by restricting the flow of blood to their brain.

4. Deadly Force: Force that a commissioned member uses with the purpose of causing, or that the
member knows to create a substantial risk of causing, death, or serious bodily harm.

5. De-escalation: Taking action or communicating verbally or non-verbally during a potential force

encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that
more time, options, and resources can be called upon to resolve the situation without the use of
force or with a reduction in the force necessary. De-escalation may include the use of such
techniques as command presence, advisements, warnings, verbal persuasion, and tactical
repositioning.

6. Hogtying: Any technique that secures or binds a person’s hands and feet, or wrists and ankles
together behind the person’s back while in the prone position.

7. Imminent: About to occur.

8. Less-Lethal Force: The level of force required to gain compliance that is not known to or intended
to create serious bodily harm or death.
 9. Objectively reasonable: A use of force is objectively reasonable if a trained, reasonable
commissioned member of the Department could have appropriately used that level of force if faced
with the facts and circumstances known to or perceived by the officer at the time the officer used
force.

10. Serious Bodily Injury: Bodily injury that creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.

11.Use of Force: The use of force is the verbal or physical action exerted upon a person to achieve
compliance or overcome resistance.

12.Warning Shot: Discharge of a firearm for the purpose of compelling compliance from an individual,
but not intended to cause physical injury.

05.95.03 The Use of Force. A commissioned member of the Department may use force when the officer
reasonably believes the force is necessary to bring about a lawful arrest, search or detention or to
prevent escape after arrest. In every situation, members will use only the amount of force that is
objectively reasonable based on the totality of the circumstances they confront. Any use of force should
be reassessed throughout the incident and should be discontinued when circumstances change, so that
the use of force remains objectively reasonable.

05.95.04 Duty to Manifest Purpose. Before using force, a commissioned member of the Department will
manifest his or her purpose and identify himself/herself as a peace officer unless the officer reasonably
believes the officer’s purpose and identity are already known by or cannot reasonably be made known to
the person arrested. Officers should, when reasonable, continue to give verbal warnings or instructions
during an arrest or use of force incident.

05.95.05 Duty to Provide Post Use of Force Care. Once a scene is safe and as soon as reasonable,
Department members should provide the appropriate first aid or treatment that is consistent with their
training, and summon advanced care when required. This policy applies to all uses of force and includes
treatment procedures for persons exposed to chemical agent sprays or other less-lethal force. All persons
exposed to a chemical agent sprays shall be decontaminated as per training.

When officers perceive that conditions exist which warrant medical evaluation in addition to any standard
first aid or treatment, officers should arrange for the subject to be evaluated by appropriate medical
personnel.

05.95.06 Duty to Intercede. Any commissioned member who observes another officer using force that
is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to
do so, intercede to prevent the use of such excessive force. The employee shall promptly report the
incident to a supervisor.

05.95.07 Reporting. All uses of force shall be documented and reviewed pursuant to the Department’s
policy. Officers who have used force against any individual shall, as soon as reasonable, report the
incident to their immediate supervisor. Personnel will utilize the Department’s reporting system to
document and report uses of force and any involved weapon(s) within ten (10) working days, and in
accordance with established procedure. After review by the appropriate Division Chief or designee, the
report will be forwarded to and maintained in the Department’s reporting system for statistical analysis,
and for the evaluation of the effectiveness of the weapon(s) and/or of the established training procedures.

Incidents that require a report include:

1. Any use of force that involves coercive physical effort to control, restrain, or overcome the
resistance of another shall be reported. Un-resisted escorting or slight physical guidance used
during a routine arrest or handcuffing are not required to be reported.

2. If the person claims bodily injury that is persistent at the end of the encounter, even if not apparent,
the injury shall be reported. Claims of discomfort or temporary pain due to restraints may not rise
to the level of injury.

3. Any use of a conducted energy weapon, even if not successful, or the use of any intermediate
weapon or tool (e.g. chemical agent, baton, etc.) shall be reported.

4. For non-use of force firearm discharges refer to 01.96.08(a).

05.95.08 Additional Reporting Requirements. In addition to the reporting requirements listed in 24.10,
the following types of use of force events will require incident information collection and reporting to the
National Use-of-Force Collection:

1. When fatality occurs to a person in connection to use of force by a commissioned member.

2. When there is serious bodily injury to a person in connection with use of force by a commissioned
member.

3. In the absence of either death or serious bodily injury, when a firearm is discharged by a
commissioned member at or in the direction of a person (including at occupied vehicles).

05.95.09 De-escalation. An officer shall use de-escalation techniques and other alternatives to higher
levels of force consistent with his or her training whenever possible and appropriate before resorting to
force and to reduce the need for force.

Whenever possible and when such delay will not compromise the safety of the officer or another and will
not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall,
when reasonable, allow an individual time and opportunity to submit to verbal commands before force is
used.

05.95.10 Force in Accordance with Training. Members will use force only in accordance with law,
Department policy, and training and only weapons authorized (unless exigent circumstances exists) by the
Department may be utilized. In every situation, members shall use only the amount of force that is
objectively reasonable based on the totality of the circumstances known to the member at the time.

05.95.11 Use of Force Against Individuals in Restraints.

1. Force shall not be used against individuals in handcuffs or other restraints unless the officer
reasonably believes that the force is immediately necessary to prevent escape, to prevent the
 subject from causing imminent bodily injury to themselves, or defend the officer or another person
from imminent bodily injury.

2. Once individuals are secured in restraints, and it is reasonable to do so, the arrested individuals
should be placed in a seated, recovery position, or upright position, as leaving individuals in the
prone position for an unreasonable period of time may reduce the ability to properly breathe.

05.95.12 Hogtying. Officers shall not hogtie individuals or use hogtying as a form of restraint.

05.95.13 Chokeholds. Chokeholds, lateral vascular neck restraints, strangleholds, carotid restraints, or
any other restraining tactic involving the specifically targeted and intentional impairment of a person’s
respiration, oxygenation, or circulation are prohibited unless deadly force is justified. As in every use of
force situation, members shall use only the amount of force that is objectively reasonable based on the
totality of the circumstances that confront them.

05.95.14 Persons in Crisis. Commissioned members are trained to recognize and respond to someone in
crisis and abide by Departmental training given on Integrating Communication, Assessments and Tactics
(ICAT) when encountering these situations.

When feasible, in the endeavor to prevent or reduce the use of force, personnel with advanced training
in crisis intervention techniques (whether mental health providers, CIT trained law enforcement officers,
or a combination of both) should be summoned to situations involving individuals who appear to be in
mental or behavioral health crisis.

Members should, when feasible, make attempts to de-escalate verbal conflict and tense situations by
employing effective communication techniques, assessments of their environments and tactics to engage
with members of the public to assist in achieving voluntary compliance.

05.95.15 Training Required. All officers shall receive a minimum of eight hours of in-service training
during each two year cycle on the content of this Use of Force Policy and related legal updates. Training
shall be designed to provide and reinforce techniques for de-escalations, arrest and control tactics and
legal considerations. All use of force training shall be documented and available for review by authorized
personnel.