1-1 By: Telford (Senate Sponsor - Ratliff) H.B. No. 1155
1-2 (In the Senate - Received from the House March 16, 1995;
1-3 March 20, 1995, read first time and referred to Committee on
1-4 Criminal Justice; April 28, 1995, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; April 28, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the limited authority of a peace officer from an
1-9 adjoining state to transport certain criminal defendants in this
1-10 state.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-13 by adding Article 2.124 to read as follows:
1-14 Art. 2.124. PEACE OFFICERS FROM ADJOINING STATES. A
1-15 commissioned peace officer of a state of the United States of
1-16 America adjoining this state, while the officer is in this state,
1-17 has the same powers, duties, and immunities of a peace officer of
1-18 this state who is acting in the discharge of an official duty, but
1-19 only:
1-20 (1) during a time in which:
1-21 (A) the peace officer from the adjoining state
1-22 has physical custody of an inmate or criminal defendant and is
1-23 transporting the inmate or defendant from a county in the adjoining
1-24 state that is on the border between the two states to a hospital or
1-25 other medical facility in a county in this state that is on the
1-26 border between the two states; or
1-27 (B) the peace officer has physical custody of
1-28 the inmate or defendant and is returning the inmate or defendant
1-29 from the hospital or facility to the county in the adjoining state;
1-30 and
1-31 (2) to the extent necessary to:
1-32 (A) maintain physical custody of the inmate or
1-33 defendant while transporting the inmate or defendant; or
1-34 (B) regain physical custody of the inmate or
1-35 defendant if the inmate or defendant escapes while being
1-36 transported.
1-37 SECTION 2. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended,
1-42 and that this Act take effect and be in force from and after its
1-43 passage, and it is so enacted.
1-44 * * * * *