78R2837 KCR-D

By:  Stick                                                        H.B. No. 1682



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain peace officers during an 
emergency.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 2, Code of Criminal Procedure, is 
amended by adding Article 2.129 to read as follows:
	Art. 2.129.  PEACE OFFICERS ASSISTING OTHER LAW ENFORCEMENT 
AGENCIES.  (a) Except as provided by Subsection (b), in an emergency 
a peace officer may, on request of the head of a law enforcement 
agency of which the peace officer is not a member, assist the 
requesting agency by performing any task and assuming any duty that 
a peace officer who is a member of the requesting agency could 
lawfully perform or assume.
	(b)  Unless an assisting peace officer reasonably believes 
that death, serious bodily injury, or significant property damage 
will occur without the assisting peace officer's immediate action, 
the assisting peace officer may not, except as otherwise authorized 
by law:
		(1)  search an individual's body or belongings;                        
		(2)  seize an object found on or near an individual's 
body; or       
		(3)  arrest an individual.                                             
	(c)  An assisting peace officer who detains an individual 
shall, as soon as practicable after detaining the individual, 
notify the requesting agency of the detention.  The requesting 
agency shall then take custody of the detained individual.
	(d)  For purposes of this article, "emergency" means any 
situation or condition:
		(1)  declared to be an emergency by local, state, or 
federal officials; or
		(2)  in which the requesting law enforcement agency 
reasonably believes that:
			(A)  an individual is in imminent danger of 
serious bodily injury or death; or
			(B)  property is in imminent danger of significant 
damage or destruction.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.