SRC-TJG C.S.S.B. 840 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 840
By: Whitmire
Criminal Justice
3/27/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, peace officers have the authority to arrest outside of their
jurisdiction but municipal and county officers are expressly prohibited
from making arrests outside their jurisdictions for traffic violations.
The public does not always know jurisdictional boundaries exist and would
expect a peace officer to take action when any crime is committed.
C.S.S.B. 840 clarifies that municipal and county officers have authority
to arrest a person anywhere in the state for any offense other than
traffic offenses and anywhere in a county or counties in which the
political subdivision employing the peace officer is located, including a
traffic offense. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 14.03(g), Code of Criminal Procedure, as
follows: 

(g)(1) Authorizes a peace officer listed in Article 2.12(4), Code of
Criminal Procedure, to arrest a person who anywhere in this state commits
an offense within the officer's presence or view, including an offense
under Title 7C, Transportation Code (Rules of the Road). 

(2) Authorizes a peace officer listed in Article 2.12 (1), (2), (3), or
(5), Code of Criminal Procedure (Who are Peace Officers), who is licensed
under Chapter 1701, Occupations Code (Law Enforcement Officers), rather
than Chapter 415, Government Code, and is outside of the officer's
jurisdiction to arrest without a warrant a person who anywhere in this
state  commits an offense within the officer's presence or view, except
that an officer described by this subdivision who is outside the officer's
jurisdiction is authorized to arrest a person for a violation of Title 7C,
Transportation Code (Rules of the Road), only if the offense is committed
in a county or counties in which the political subdivision employing the
peace officer is located.  Deletes existing text related to Article
2.12(4), Code of Criminal Procedure (regarding rangers and officers
commissioned by the Public Safety Commission and the Director of the
Department of Public Safety). 

(3) Requires a peace officer making an arrest under this subsection to as
soon as practicable after making the arrest notify a law enforcement
agency having jurisdiction where the arrest was made.  Requires the law
enforcement agency to then take custody of the person committing the
offense and take the person before the magistrate in compliance with
Article 14.06. 

SECTION 2.  Effective date: September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

Differs from original SECTION 1 by authorizing an officer described by
Subdivision (2) who is outside the officer's jurisdiction to arrest a
person for a violation of Title 7C, Transportation Code (Rules of the
Road), only if the offense is committed in a county or counties in which
the  political subdivision employing the peace officer is located, rather
than if the offense is committed in the county in which the peace officer
serves as an elected official or in which the law enforcement agency
employing the peace officer is located.