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.