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