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.