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 * * * * *