S.B. No. 907
relating to authority of a peace officer to make an arrest outside
of the officer's jurisdiction or to seize property while making the
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (g), Article 14.03, Code of Criminal
Procedure, is amended to read as follows:
(g)(1) A peace officer listed in Subdivision (1), (2), [
(4),] or (5), Article 2.12, who is licensed under Chapter 1701
[ 415], Occupations [ Government] Code, and is outside of the
officer's jurisdiction may arrest without a warrant a person who
commits any offense within the officer's presence or view, other
than [ except that an officer who is outside the officer's
jurisdiction may arrest a person for] a violation of Subtitle C,
Title 7, Transportation Code[ , only if the officer is listed in
Subdivision (4), Article 2.12].
(2) A peace officer listed in Subdivision (3), Article
2.12, who is licensed under Chapter 1701, Occupations Code, and is
outside of the officer's jurisdiction may arrest without a warrant
a person who commits any offense within the officer's presence or
view, except that an officer described in this subdivision who is
outside of that officer's jurisdiction may arrest a person for a
violation of Subtitle C, Title 7, Transportation Code, only if the
offense is committed in the county or counties in which the
municipality employing the peace officer is located.
(3) A peace officer making an arrest under this
subsection shall as soon as practicable after making the arrest
notify a law enforcement agency having jurisdiction where the
arrest was made. The law enforcement agency shall then take custody
(A) the person committing the offense and take
the person before a magistrate in compliance with Article 14.06;
(B) any property seized during or after the
arrest as if the property had been seized by a peace officer of that
law enforcement agency.
SECTION 2. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 907 passed the Senate on
April 7, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 26, 2005, by the
following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 907 passed the House, with
amendment, on May 19, 2005, by a non-record vote.
Chief Clerk of the House