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“Bo’s Law” Next in Series of Police Reform Legislation Filed in Texas Legislature

State Rep. Carl Sherman (center) unveiled legislation on Sunday to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans. (Brandon Wade/Special Contributor)/ via DMN

Texas State Representative Carl Sherman, Sr. (D-Lancaster) announced his intent to file “Bo’s Law,” legislation in honor of Botham Jean, who was killed in his own apartment by off-duty Dallas police officer, Amber Guyger.

The bill is intended to bring more transparency and more integrity to law enforcement by amending dash cam and body cam policies, as well as legal defenses such as the castle doctrine and mistake of fact.

Read the full Dallas Morning News story below.


State representative unveils ‘Bo’s Law’ as community celebrates #BeLikeBo day on 2nd anniversary of Botham Jean’s murder 

The bill is named after the accountant who was fatally shot in his apartment by an off-duty Dallas police officer. 

Texas State Representative Carl Sherman waits to be introduced at his press conference to unveil legislation to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans at his District Office, Sunday, September 6, 2020. (Brandon Wade/Special Contributor)
Texas State Representative Carl Sherman waits to be introduced at his press conference to unveil legislation to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans at his District Office, Sunday, September 6, 2020. (Brandon Wade/Special Contributor)(Brandon Wade / Special Contributor)

By Nataly Keomoungkhoun and Dana Branham

8:15 PM on Sep 6, 2020

Texas Rep. Carl Sherman Sr. on Sunday unveiled a police reform bill he’s calling “Bo’s Law” in honor of Botham Jean, who was fatally shot two years ago in his apartment by an off-duty Dallas police officer.

The bill, formally known as the Botham Jean Act, was introduced on the second anniversary of Jean’s death. The former officer, Amber Guyger, was convicted of murder Oct. 1, 2019, and is serving a 10-year prison sentence.

The bill is intended to bring more transparency and more integrity to law enforcement by amending dash cam and body cam policies, as well as legal defenses such as the castle doctrine and mistake of fact.

Guyger attorneys had tried to use the castle doctrine and mistake of fact as defenses for her actions.

The castle doctrine allows Texans to use deadly force to protect their own homes, but it only applies if a jury thinks the person’s actions were reasonable. Mistake of fact addresses when a criminal defendant acts believing that something is true when it isn’t.

Throughout her murder trial, Guyger said she thought she was in her own home when she fatally shot Jean. The jury rejected the idea that Texas’ castle doctrine applied to her.

Jason Hermus, lead prosecuter during the trial, said Sunday at a news conference with Sherman to announce plans for the legislation that changes to the castle doctrine are necessary to “assert what many of us took for granted.”

“It was a protection of the homeowner against the intruder and not intended or contemplated to be a defense for the intruder to use against an innocent homeowner,” he said.

Texas state Rep. Nicole Collier spoke at a news conference in support of legislation to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans at state Rep. Carl Sherman’s district office Sunday, September 6, 2020. (Brandon Wade/Special Contributor)
Texas state Rep. Nicole Collier spoke at a news conference in support of legislation to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans at state Rep. Carl Sherman’s district office Sunday, September 6, 2020. (Brandon Wade/Special Contributor)(Brandon Wade / Special Contributor)

State Rep. Nicole Collier, who also attended the news conference, said the castle doctrine is “too subjective, and it should protect the homeowner and not the intruder.”

“What if the perpetrator claims they entered your home by mistake to justify the killing of a person in their own home?” she said. “The door must be closed on any attempt to include such an argument under the castle doctrine as a means to justify killing.”

State Rep. Carl Sherman (center) unveiled legislation on Sunday to codify and strengthen existing criminal justice laws to address the use of excessive and deadly force by those who are sworn to protect and serve all Americans. (Brandon Wade/Special Contributor)
In front of a new painted mural of Botham Jean, Frisco Jackson of Dallas posed for a photo with his son Leo and daughter Aireyin before a memorial gathering on South Lamar at Cadiz Street near downtown Dallas, Sunday, September 6, 2020. Sunday was the second anniversary of Jean's death. Jean was shot and killed in his apartment a few blocks away by former Dallas police officer Amber Guyger. (Tom Fox/The Dallas Morning News)

Nataly Keomoungkhoun, Engagement reporter. Nataly is the lead writer on Curious Texas. She is a D-FW native with a B.A. in emerging media and communication from the University of Texas at Dallas and an M.S. in journalism from the University of Southern California. She also likes art, a lot. [email protected]@natalykeo

Dana Branham, Breaking news reporter. Dana is a reporter at The Dallas Morning News covering crime and breaking news. She graduated in 2017 from the University of Oklahoma, where she studied journalism. Before coming to The News in 2018, Dana interned at the Cincinnati Enquirer and the Tulsa World. [email protected]danabranham

Copyright © 2020 The Dallas Morning News. All rights reserved.

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