HBA-KDB S.B. 242 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 242
By: Shapleigh
Criminal Jurisprudence
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, there is no prohibition on a peace officer from stopping or
detaining a person without any suspicion of wrong doing if the peace
officer is fulfilling the purpose of community caretaking.  There is
concern that peace officers may abuse this power.  Senate Bill 242
prohibits a peace officer from making an unreasonable community caretaking
stop or detention. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 242 amends the Code of Criminal Procedure to provide that an
unreasonable community caretaking stop or detention is prohibited under
provisions relating to evidence in criminal actions.  The bill provides
that a community caretaking stop or detention is unreasonable if a
reasonable peace officer, acting under the same circumstances, would not
have made the stop or detention. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.