Texas 2011 - 82nd Regular

Texas Senate Bill SB947 Compare Versions

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1	1	By: Patrick S.B. No. 947
2	2	(Burkett)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to granting limited state law enforcement authority to
8	8	certain criminal investigators of the United States and to other
9	9	federal law enforcement personnel.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 2.122, Code of Criminal Procedure, is
12	12	amended by amending Subsections (a), (b), (c), (d), and (e) and
13	13	adding Subsections (d-1) and (e-1) to read as follows:
14	14	(a) The following named criminal investigators of the
15	15	United States shall not be deemed peace officers, but shall have the
16	16	powers of arrest, search, and seizure under the laws of this state
17	17	as to felony offenses only [under the laws of the State of Texas]:
18	18	(1) Special Agents of the Federal Bureau of
19	19	Investigation;
20	20	(2) except as provided by Subsection (g), Special
21	21	Agents and Law Enforcement Officers of the United States Secret
22	22	Service;
23	23	(3) Special Agents of [the] United States Immigration
24	24	and Customs Enforcement;
25	25	(4) Special Agents of the Bureau of Alcohol, Tobacco,
26	26	[and] Firearms and Explosives;
27	27	(5) Special Agents of the United States [Federal] Drug
28	28	Enforcement Administration [Agency];
29	29	(6) Inspectors of the United States Postal Inspection
30	30	Service;
31	31	(7) Special Agents of the Criminal Investigation
32	32	Division [and Inspectors of the Internal Security Division] of the
33	33	Internal Revenue Service;
34	34	(8) Civilian Special Agents of the United States Naval
35	35	Criminal Investigative Service;
36	36	(9) Marshals and Deputy Marshals of the United States
37	37	Marshals Service;
38	38	(10) [Special Agents of the United States Citizenship
39	39	and Immigration Services; and
40	40	[(11)] Special Agents of the United States Department
41	41	of State, Bureau of Diplomatic Security; and
42	42	(11) Special Agents of the Treasury Inspector General
43	43	for Tax Administration.
44	44	(b) An officer or agent [A person] designated by the
45	45	Secretary of Homeland Security [as a special policeman by the
46	46	Federal Protective Services division of the General Services
47	47	Administration] under 40 U.S.C. Section 1315 for duty in connection
48	48	with the protection of property owned or occupied by the federal
49	49	government and persons on the property [318 or 318d] is not a peace
50	50	officer but has the powers of arrest and search and seizure as to
51	51	any offense under the laws of this state.
52	52	(c) A Customs and Border Protection Officer or Border Patrol
53	53	Agent of the United States Customs and Border Protection or an [a
54	54	Border Patrol agent,] immigration enforcement agent[,] or
55	55	deportation officer of the Department of Homeland Security is not a
56	56	peace officer under the laws of this state but:
57	57	(1) has the powers of arrest, search, and seizure
58	58	under the laws of this state as to felony offenses; and
59	59	(2) [,] on the premises of a port facility designated
60	60	by the commissioner of the United States Customs and Border
61	61	Protection as a port of entry for arrival in the United States by
62	62	land transportation from the United Mexican States into the State
63	63	of Texas or at a permanent established border patrol traffic check
64	64	point, has the authority to detain a person pending transfer
65	65	without unnecessary delay to a peace officer if the agent or officer
66	66	has probable cause to believe that the person has engaged in conduct
67	67	that is a violation of Section 49.02 or[,] 49.04, [49.07, or 49.08,]
68	68	Penal Code, regardless of whether the violation may be disposed of
69	69	in a criminal proceeding or a juvenile justice proceeding.
70	70	(d) A commissioned law enforcement officer of the National
71	71	Park Service is not a peace officer under the laws of this state,
72	72	except that the officer:
73	73	(1) has the powers of arrest, search, and seizure
74	74	under the laws of this state as to felony offenses committed in this
75	75	state; and
76	76	(2) has the powers of arrest, search, and seizure as to
77	77	any offense under the laws of this state committed in [within] the
78	78	boundaries of a national park or national recreation area.
79	79	(d-1) For purposes of Subsection (d) [In this subsection],
80	80	"national park or national recreation area" means a national park
81	81	or national recreation area included in the National Park System as
82	82	defined by 16 U.S.C. Section 1c(a).
83	83	(e) A Special Agent or Law Enforcement Officer of the United
84	84	States Forest Service is not a peace officer under the laws of this
85	85	state, except that the agent or officer:
86	86	(1) has the powers of arrest, search, and seizure
87	87	under the laws of this state as to felony offenses committed in this
88	88	state; and
89	89	(2) has the powers of arrest, search, and seizure as to
90	90	any offense under the laws of this state committed in [within] the
91	91	National Forest System.
92	92	(e-1) For purposes of Subsection (e) [In this subsection],
93	93	"National Forest System" has the meaning assigned by 16 U.S.C.
94	94	Section 1609.
95	95	SECTION 2. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2011.