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By:  Whitmire                                                     S.B. No. 907
	(In the Senate - Filed March 11, 2005; March 14, 2005, read 
first time and referred to Committee on Criminal Justice; 
March 30, 2005, reported favorably by the following vote:  Yeas 4, 
Nays 0; March 30, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to authority of a peace officer to make an arrest outside 
of the officer's jurisdiction or to seize property while making the 
arrest.
	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 (4), Article 
2.12, may arrest a person who anywhere in this state commits an 
offense within the officer's presence or view, including an offense 
under Subtitle C, Title 7, Transportation Code.
		(2)  A peace officer listed in Subdivision (1), (2), 
(3), [(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 
anywhere in this state commits an [any] offense within the 
officer's presence or view, except that an officer described by 
this subdivision who is outside the 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 
in which the peace officer serves as an elected official or in which 
the law enforcement agency employing the peace officer is located
[officer is listed in Subdivision (4), Article 2.12].  For the 
purposes of this subdivision, a municipal law enforcement agency 
that serves a municipality located in more than one county is 
located in each county in which the municipality 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 
of the person committing the offense and take the person before a 
magistrate in compliance with Article 14.06.
	SECTION 2.  Article 59.03, Code of Criminal Procedure, is 
amended by amending Subsection (c) and adding Subsection (e) to 
read as follows:
	(c)  Except as provided by Subsection (e), a [A] peace 
officer who seizes property under this chapter has custody of the 
property, subject only to replevy under Article 59.02 of this code 
or an order of a court.  A peace officer who has custody of property 
shall provide the attorney representing the state with a sworn 
statement that contains a schedule of the property seized, an 
acknowledgment that the officer has seized the property, and a list 
of the officer's reasons for the seizure.  Not later than 72 hours 
after the seizure, the peace officer shall:
		(1)  place the property under seal;                                           
		(2)  remove the property to a place ordered by the 
court; or                
		(3)  require a law enforcement agency of the state or a 
political subdivision to take custody of the property and move it to 
a proper location.
	(e)  A peace officer who seizes property under this chapter 
while making an arrest outside of the officer's jurisdiction has 
temporary custody of the property.  A peace officer who has 
temporary custody of property under this subsection shall as soon 
as practicable after seizing the property notify a law enforcement 
agency having jurisdiction in the county in which the property was 
seized.  A law enforcement agency properly notified under this 
subsection shall take custody of the property seized in accordance 
with this chapter.  This subsection does not apply to a peace 
officer who is acting as part of an active multijurisdictional task 
force.  Property seized by a peace officer who is acting as part of 
an active multijurisdictional task force is governed by:
		(1)  the agreement creating the task force; or                         
		(2)  the procedures described by Subsection (c), 
regardless of whether the officer seizes the property while making 
an arrest outside of the officer's jurisdiction.
	SECTION 3.  The change in law made by Article 59.03, Code of 
Criminal Procedure, as amended by this Act, applies only to a 
seizure made on or after the effective date of this Act.  A seizure 
made before the effective date of this Act is covered by the law in 
effect when the seizure was made, and the former law is continued in 
effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.                           



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