BILL ANALYSIS C.S.S.B. 254 By: Wentworth Criminal Justice 04-10-95 Committee Report (Substituted) BACKGROUND Probation officers are now supervising a different caliber of probationers, including gang members and a greater number of recidivists. In order for probation officers to be effective, they must be able to visit probationers at any time, night or day, to observe the full range of conduct by the probationer. Currently, the probation officer is not afforded the training or equipment to ensure the officer's safety when visiting probationers. PURPOSE As proposed, C.S.S.B. 254 authorizes the director of community supervision and corrections departments to employ and commission as peace officers field unit officers. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Commission on Law Enforcement Officer Standards and Education and to the community justice assistance division of the Texas Department of Criminal Justice in SECTION 2 (Section 415.038(b), Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 46.02(b), Penal Code, as follows: (b) Provides that it is a defense to prosecution under this section if the actor was, among others, a supervision officer who is employed by a community supervision and corrections department, is authorized to carry a weapon, and possesses a certificate of firearms proficiency issued by the Commission on Law Enforcement Officer Standards and Education, at the time of the commission of the offense. SECTION 2. Amends Chapter 415B, Government Code, by adding Section 415.038, as follows: Sec. 415.038. FIREARMS PROFICIENCY; SUPERVISION OFFICERS. (a) Requires the commission and the community justice assistance division of the Texas Department of Criminal Justice to adopt a memorandum of understanding that establishes their respective responsibilities in developing a basic training program in the use of firearms by supervision officers. Sets forth the required contents of the program's instruction to be established in the memorandum. (b) Requires the commission and the division, by rule, to adopt the memorandum of understanding establishing the basic training program. (c) Requires the commission to administer the training program and to issue a certificate of firearms proficiency to each supervision officer the commission determines has successfully completed the program described by Subsection (a). (d) Authorizes the commission to establish reasonable and necessary fees for the administration of this section. SECTION 3. Requires the commission and the division to adopt the memorandum of understanding required by this Act not later than January 1, 1996. SECTION 4. Emergency clause. Effective date: upon passage.