1-1     By:  Shapleigh                                         S.B. No. 242
 1-2           (In the Senate - Filed January 12, 2001; January 16, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 28, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; March 28, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 242                By:  Wentworth
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to prohibiting peace officers from making unreasonable
1-11     community caretaking stops and detentions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 38, Code of Criminal Procedure, is
1-14     amended by adding Article 38.24 to read as follows:
1-15           Art. 38.24.  CARETAKING STOPS AND DETENTIONS.  An
1-16     unreasonable community caretaking stop or detention is prohibited
1-17     under this chapter.  A community caretaking stop or detention is
1-18     unreasonable if a reasonable peace officer, acting under the same
1-19     circumstances, would not have made the stop or detention.
1-20           SECTION 2.  This Act applies only to a stop or detention made
1-21     on or after the effective date of this Act.
1-22           SECTION 3.  This Act takes effect immediately if it receives
1-23     a vote of two-thirds of all the members elected to each house, as
1-24     provided by Section 39, Article III, Texas Constitution.  If this
1-25     Act does not receive the vote necessary for immediate effect, this
1-26     Act takes effect September 1, 2001.
1-27                                  * * * * *