BILL ANALYSIS



H.B. 2614
By: Oakley
April 28, 1995
Committee Report (Unamended)


BACKGROUND

Currently, it is the duty of every peace officer to preserve the
peace within his jurisdiction.  However, the jurisdiction of peace
officers differs with the agency that they work for.  The Texas
Court of Criminal Appeals has changed its interpretation of
"jurisdiction" several times in the past 20 years.  Officers
currently shed their official police power when they cross out of
their jurisdiction.  

Every officer has the jurisdiction to arrest a person anywhere,
anytime, for a felony in progress.  However, an officer outside of
his/her jurisdiction cannot currently arrest a person for a
misdemeanor in progress.  In practice, this limitation has
hamstrung police officers in their attempts to thwart criminal
activities outside of their jurisdiction.

PURPOSE

H.B. 2614 would expand the police power of TCLEOSE certified peace
officers to allow any officer to arrest a person for a misdemeanor
offense (except traffic violations) anywhere in Texas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 2.13, Code of Criminal Procedure to
expand the police power of peace officers to include all of Texas. 
A peace officer must give notice and report to the magistrate in
the county in which the offense occurred.

SECTION 2. Amends Article 14.01, Code of Criminal Procedure:
     (a) Allows any person to effectuate a citizen's arrest.
     (b) Adds language to allow non-TCLEOSE certified peace officer
to effectuate an arrest, but only within their jurisdiction.  The
effect of this language is to confine the police powers of non-TCLEOSE certified officers to their respective jurisdictions.

SECTION 3. Amends Article 14.03(d), Code of Criminal Procedure to
allow a TCLEOSE certified peace officer to exercise his police
power outside of his jurisdiction for anything except a traffic
violation.  Upon any arrest outside the county that employs the
officer, the officer must notify a law enforcement agency in the
county where the arrest was made.

SECTION 4.  Amends Section 341.001(e), Local Government Code, to
state that all police officers have the powers, rights, duties, and
jurisdiction imposed by the Code of Criminal Procedure.

SECTION 5.  Amends Section 341.021(e), Local Government Code, to
allow marshalls the same power and jurisdiction of a peace officer.

SECTION 6.  Emergency clause.

 
SUMMARY OF COMMITTEE ACTION
HB 2614 was considered by the committee in a public hearing on
April 26, 1995.
The following people testified for 2614:
Sam Nuchia, representing the Houston Police Department; Tom Martin,
representing the Texas Police Chiefs Association.
The following person testified on 2614:
Wayne Green, representing TCLEOSE.
The bill was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 0 nays, 0 pnv, and 4 absent.
The following people testified on 2614: