JWW H.B. 57 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 57
By: Wilson
4-14-97
Committee Report (Unamended)



BACKGROUND 

Currently under Section 46.15, Penal Code, peace officers are offered a
defense under Sections 46.02 and 42.03, allowing them to carry weapons
whether on duty or not.  A weapon is described as a handgun, illegal
knife, or club.   

Section 46.02, Penal Code specifically offers peace officers a defense for
the offense of carrying an illegal weapon.  Section 46.03 offers a defense
to peace officer for the offense of carrying an illegal weapon in certain
places such as a school (educational institution), school bus, polling
place while voting is going on, government court or offices, a racetrack,
or the secured area of an airport. 

Under the current statute, judicial officers and retired judicial officers
are not offered the same defense as peace officers. 


PURPOSE

This bill would allow judicial officers and retired judicial officers to
carry weapons as allowed for peace officers under Section 46.15, Penal
Code. 

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. Section 46.15, Penal Code is amended as follows:

  Section 46.15(a)  Adds "JUDICIAL OFFICERS" to the section heading while
converting the original section into (a). 

  (b)  States that Sections 46.02 and 46.03, Penal Code,  do not apply to
peace   officers.  Neither section prohibits an active or retired judicial
officer from carrying   a weapon.  States that the officer may carry a
weapon regardless of whether that   officer is on duty or not. 

  (c)(1) Defines "active judicial officer" and "retired judicial officer".
   
SECTION 2 Repeals Section 30, Article 4413(29ee), Revised Statutes

SECTION 3 Effective Date: September 1, 1997

SECTION 4 Emergency Clause