By Oakley H.B. No. 2614
74R4918 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of peace officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 2.13, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 2.13. Duties and powers. It is the duty of every peace
1-7 officer to preserve the peace within this state <his jurisdiction>.
1-8 To effect this purpose, he shall use all lawful means. He shall in
1-9 every case where he is authorized by the provisions of this Code,
1-10 interfere without warrant to prevent or suppress crime. He shall
1-11 execute all lawful process issued to him by any magistrate or
1-12 court. He shall give notice to a <some> magistrate of a county in
1-13 which an offense is <all offenses> committed <within his
1-14 jurisdiction>, where he has good reason to believe there has been a
1-15 violation of the penal law. He shall arrest offenders without
1-16 warrant in every case where he is authorized by law, in order that
1-17 they may be taken before the proper magistrate or court and be
1-18 tried.
1-19 SECTION 2. Article 14.01, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 14.01. OFFENSE WITHIN VIEW. (a) Any <A peace officer
1-22 or any other> person, may, without a warrant, arrest an offender
1-23 when the offense is committed in his presence or within his view,
1-24 if the offense is one classed as a felony or as an offense against
2-1 the public peace.
2-2 (b) A peace officer, regardless of whether the officer is
2-3 licensed under Chapter 415, Government Code, may, within the
2-4 officer's jurisdiction, arrest an offender without a warrant for
2-5 any offense committed in his presence or within his view.
2-6 SECTION 3. Article 14.03(d), Code of Criminal Procedure, is
2-7 amended to read as follows:
2-8 (d) A peace officer licensed under Chapter 415, Government
2-9 Code, who is outside his jurisdiction may arrest, without warrant,
2-10 a person who commits an offense within the officer's presence or
2-11 view, unless <if> the offense is <a felony,> a violation of the
2-12 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
2-13 Texas Civil Statutes) <Title 9, Chapter 42, Penal Code, a breach of
2-14 the peace, or an offense under Section 49.02, Penal Code>. A peace
2-15 officer making an arrest in a county other than the county in which
2-16 the agency that employs the officer is located <under this
2-17 subsection> shall, as soon as practicable after making the arrest,
2-18 notify a law enforcement agency in the county <having jurisdiction>
2-19 where the arrest was made. The officer <law enforcement agency>
2-20 shall then take <custody of the person committing the offense and
2-21 take> the person arrested before a magistrate in compliance with
2-22 Article 14.06 of this code.
2-23 SECTION 4. Section 341.001(e), Local Government Code, is
2-24 amended to read as follows:
2-25 (e) A police officer has:
2-26 (1) the powers, rights, duties, and jurisdiction
2-27 granted to or imposed on a peace officer by the Code of Criminal
3-1 Procedure <of a marshal of a Type A general-law municipality>; and
3-2 (2) other powers and duties prescribed by the
3-3 governing body.
3-4 SECTION 5. Section 341.021(e), Local Government Code, is
3-5 amended to read as follows:
3-6 (e) The marshal has the same power and jurisdiction as a
3-7 peace officer has under the Code of Criminal Procedure <the county
3-8 sheriff> to execute warrants, to prevent and suppress crime, and to
3-9 arrest offenders. The marshal has other powers, not inconsistent
3-10 with state law, that the governing body confers by ordinance.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.