O694 Addition of Section 12-10 "Effective Response to Strangulation"ORDINANCE NO. 694
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, AMENDING CHAPTER 12, "MISCELLANEOUS PROVISIONS AND
OFFENSES" OF THE KENNEDALE CITY CODE BY ADDING SECTION 12-11,
"EFFECTIVE RESPONSE TO STRANGULATION"; PROVIDING A
CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and
WHEREAS, strangulation is an indicator of the escalation of violence and is associated
with increased risk of serious injury and/or death in cases of intimate partner violence; and
WHEREAS, strangulation has been identified as one of the most lethal forms of
domestic violence and sexual assault; and used to exert power over a victim by taking from
them control of their own body; and
WHEREAS, intimate partners who have a history of strangulation pose a greater risk to
their victim and society at -large; and
WHEREAS, when strangled, unconsciousness and anoxic brain injury may occur within
seconds and death within minutes; and
WHEREAS, oftentimes, even in fatal cases, there is no external evidence of injury from
strangulation, yet because of underlying brain damage due to the lack of oxygen during
strangulation assault, victims may have serious internal injuries or die days, or even weeks,
later; and
WHEREAS, many first responders lack the specialized training to identify the signs and
symptoms of strangulation and often focus on visible and obvious injuries like stab wounds or
contusions; and
WHEREAS, this lack of training has led to the minimization of this type of violence,
exposing victims to potential serious short-term and Tong -term health consequences, permanent
brain damage, and increased likelihood of death; and
WHEREAS, there is a need to develop more experts in the field of strangulation and to
use those experts in court proceedings to educate juries and judges so they understand the
signs and symptoms associated with this crime, and the severity of this crime; and
WHEREAS, lacking specific legislation and specialized training, many near -fatal
strangulation cases are only prosecuted as misdemeanor crimes; and
WHEREAS, given the lethality of strangulation, offenders should be held accountable
with a penalty that is commensurate with the nature of their crimes which is equivalent of
attempted homicide or serious felony assault; and
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0694 CITY OF KENNEDALE, TX 2020
WHEREAS, the International Association of Chiefs of Police assembled at its 121st
Annual Conference in Orlando, Florida, supports statutes and legislation that hold perpetrators
accountable for the potentially lethal strangulation assaults; and
WHEREAS, the City Council hereby finds and determines that the regulations set forth
herein are in the best interest of the public and are adopted in furtherance of the public health,
safety, morals, and general welfare.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS, THAT:
SECTION 1.
That Chapter 12 "Miscellaneous Provisions and Offenses" of the Kennedale City Code is
amended by adding Section 12-11 "Effective response to strangulation" to read as follows:
Sec. 12-11. — Effective response to strangulation.
(a) General purpose.
It is the purpose of this section to protect victims whose health, safety, and welfare may
be jeopardized through exposure to violence by means of strangulation.
(b) Definitions.
For the purposes of this section, the following words and phrases shall have the
meanings respectively ascribed to them by this subsection:
Chief of police means the chief of police of the city.
Emergency medical personnel means a firefighter, emergency medical technician, or
emergency care attendant that provides first response to requests for emergency medical
services and provides immediate on -scene care to ill or injured persons, while acting in his or
her official capacity, and is employed by or contracted by the city or a separate governmental
entity that has entered into an inter -local agreement with the city to provide such services.
Family violence means "family violence" as defined in Texas Family Code §71.004.
Fire chief means the fire chief of the city.
Peace officer means a "peace officer" as defined in Texas Code of Criminal Procedure
Art. 2 12 that is employed by the city and acting in his or her official capacity.
Strangulation means impeding the normal breathing or circulation of the blood of the
person by applying pressure to the person's throat or neck or by blocking the person's nose or
mouth
(c) Protocol for responding to an accusation of strangulation.
(1) When the act of strangulation is alleged or suspected within the city, the peace
officer will summon emergency medical personnel to the scene to evaluate and
render aid to the victim.
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0694 CITY OF KENNEDALE, TX 2020
(2) The peace officer will document emergency medical personnel's presence and
role in the police report by including their name, identification number,
employment agency and unit number.
Peace officers shall provide the victim referral information to the appropriate
support agency for assistance and document the referral in their police report.
(4) Peace officers will thoroughly document the suspect's behavior, actions, and any
comments made during the act of strangulation.
When the act of strangulation is alleged or suspected within the city, peace
officers shall utilize a checklist approved by the chief of police to help evaluate
the situation and provide aid to the victim.
(6) When the act of strangulation is alleged or suspected within the city, emergency
medical personnel shall use their best efforts to conduct a medical evaluation
and assessment to help evaluate the situation and provide aid to the victim.
(d) Strangulation task force.
The chief of police shall designate a strangulation task force (STF) consisting of
members from law enforcement, emergency medical personnel, medical community personnel,
advocate representatives, and any other members deemed appropriate by the chief of police.
The STF shall aid and advise the chief of police and fire chief in developing and implementing
checklists, questionnaires, and an education training program for peace officers, emergency
medical personnel, and other first responders encountering strangulation scenarios.
(3)
(5)
SECTION 2.
That this ordinance shall be cumulative of all provisions of all ordinances and the
Kennedale City Code, as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances or City Code, in which event the conflicting
provisions of such ordinances and City Code are hereby repealed.
SECTION 3.
That it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences,
paragraphs or sections of this ordinance since the same would have been enacted by the City
Council without incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 4.
This ordinance shall take effect after its passage and publication as required by law,
and it is so ordained.
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0694 CITY OF KENNEDALE, TX 2020
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS, THIS THE 17TH DAY OF APRIL, 2020.
ATTEST:
ITY SECRETARY LESLIE E. GALLOWAY
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APPROVED AS TO FORM AND LEGALITY:
T
CITY ATTORNEYASREW LARKIN
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APPROVED:
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MAYOR BRIAN IJOHNSON
EFFECTIVE DATE:
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0694 CITY OF KENNEDALE, TX 2020