AEZ C.S.H.B. 870 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 870 By: Gutierrez 3-18-97 Committee Report (Substituted) BACKGROUND Currently, state law does not allow federal officers, such as customs agents and border patrol officers, to detain people suspected of driving while intoxicated. This falls under the jurisdiction of state and local public safety officers. PURPOSE CSHB 870, as proposed, would permit certain federal peace officers, such as customs inspectors and/or border patrol officers, to enforce state laws relating to driving while intoxicated. 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. Amends Article 2.122, Code of Criminal Procedure, Special Investigators, by adding Subsection (c) which states that a customs inspector or border patrol officer of the United States Custom Service is not a peace officer under the laws of this state but does have the authority to detain a person and transfer the custody of that person to a peace office of this state if it its believed the person has committed an offense under Section 49.02 (Public Intoxication), 49.04 (Driving While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code. Subject to the same conditions as above, a customs inspector, border patrolman or immigration officer has the authority to detain a person younger than 17 years of age pending transfer to a peace officer authorized under Section 52.01, Family Code. SECTION 2. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill addressed powers given to a customs inspector or border patrolman of the United States Customs service to have the powers of arrest, search, and seizure for offenses committed under Sections 49.04, 4907, or 49.08. The substitute bill gives authority to customs inspectors, border patrolmen, and immigration officers of the United States Customs service to detain a person or transfer the custody of that person to a peace officer for offenses committed under Section 49.02, 49.04, 4907, and 49.08. The substitute also extends this authority to persons younger than 17 years of age.