C.S.S.B. 840 78(R)    BILL ANALYSIS


C.S.S.B. 840
By: Whitmire
Law Enforcement
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, peace officers have the authority to make arrests
outside of their jurisdiction without a warrant if the officer views a
person committing an offense of disorderly conduct, breach of the peace,
or public intoxication.  C.S.S.B. 840 extends the authority of peace
officers by enabling them to arrest persons who commit any intoxication
and alcoholic beverage offense under Chapter 49 of the Penal Code.   

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. 


ANALYSIS

C.S.S.B. 840 amends Article 14.03(d) of the Code of Criminal Procedure to
allow a peace officer who is outside his jurisdiction to arrest, without
warrant, a person who commits an offense under Chapter 49 of the Penal
Code, relating to intoxication and alcoholic beverage offenses, within the
officer's presence or view. 


EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 840 modifies the original by allowing a peace officer who is
outside his jurisdiction to arrest, without warrant, a person who commits
an offense under Chapter 49 of the Penal Code (Intoxication and Alcoholic
Beverage Offenses) within the officer's presence or view.  The substitute
removes language from the original which allowed certain officers and
investigators who are outside of their jurisdiction to arrest a person
whom the officer views committing an offense under Subtitle C, Title 7,
Transportation Code (Rules of the Road), only if the offense is in the
county or counties in which the political subdivision employing the peace
officer is located.  The substitute also deletes language which allows
rangers and commissioned officers of the Public Safety Commission and the
Department of Public Safety to arrest a person anywhere in this state who
commits an offense within the officer's presence or view, including
traffic violations.