JWW C.S.H.B. 142 75(R)BILL ANALYSIS PUBLIC SAFETY C.S.H.B. 142 By: Kamel 4-7-97 Committee Report (Substituted) 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. Parole officers are not offered the same defense as peace officers. Parole officers deal with convicted felons (clients) on a regular basis. Many times contact between a client and the assigned parole officer is made in the home of the client. Parole officers entering the neighborhoods and rural areas where parolees reside are guaranteed little protection. If a threatening situation occurs, parole officers are in vulnerable positions because they are prohibited from carrying weapons. 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. PURPOSE This bill will allow a parole officer employed by the pardons and paroles division of the Texas Department of Criminal Justice (TDCJ) to carry a weapon while on duty. In addition, it requires TDCJ and the Commission on Law Enforcement Standards and Education (TCLEOSE) to establish a program designed to train parole officers proficiency in the use of firearms. RULEMAKING AUTHORITY Authority to adopt a memorandum of understanding by rule is granted to the Commission on Law Enforcement Standards and Education and the Texas Department of Criminal Justice in Section 415.038, Government Code. SECTION BY SECTION ANALYSIS SECTION 1 Amends Section 46.15, Penal Code, as follows: Adds "AND PAROLE OFFICERS" to the section heading. Texas Department of Criminal Justice (TDCJ) parole officers who possess a certificate of firearm proficiency issued by the Commission on Law Enforcement Standards and Education (TCLEOSE) are exempt from Sections 46.02 and 46.03, Penal Code. SECTION 2 Amends Subchapter B, Chapter 415, Government Code, by adding Section 415.038. FIREARMS PROFICIENCY; PAROLE OFFICERS. (a) TCLEOSE and TDCJ will each adopt a memorandum of understanding of this establishing the responsibilities of each agency in developing a course designed to train parole officers in the use of firearms. The training program will address legal considerations of parole officers carrying firearms, range procedure, safety, maintenance and any other topic TCLEOSE and TDCJ determined to be necessary. (b) The memorandum will be adopted by rule by TCLEOSE And TDCJ. (c) TCLOESE will administer the training program and issue certificates of proficiency to parole officers successfully completing the course. (d) TCLEOSE may establish a reasonable fee to administer this section. SECTION 3 TDCJ and TCLEOSE and must draft a memorandum of understanding described in SECTION 2 no later than January 1, 1998. SECTION 4 Emergency Clause. Effective immediately upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 Adds provision that parole officers must possess a TCLEOSE certificate of firearm proficiency in order to be included under Section 46.15, Penal Code. SECTION 2 This section is replaced by adding Section 415.038, Government Code, which establishes a firearm training program for parole officers to be administered by TCLEOSE. Rulemaking authority is granted to TCLEOSE and TDCJ to establish the program. SECTION 3 This section is added to replace the effective date section in the original bill. TDCJ and TCLEOSE must draft a memorandum of understanding regarding this section no later than January 1, 1998. SECTION 4 Emergency clause is amended to make the Act effective upon passage.