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by bubba84
Thu May 16, 2019 2:56 am
Forum: LEO Contacts & Bloopers
Topic: Can someone find this law?
Replies: 15
Views: 809

Re: Can someone find this law?

srothstein wrote:
Thu May 16, 2019 12:32 am
nightmare69 wrote:
Wed May 15, 2019 12:55 pm
When I was in the academy in 2014 we were shown a the text to a law in response to the NFL’s policy banning off-duty LEOs from carrying at Texas Stadium.

The Texas legislator stepped in and basically wrote a law that specifically said that Texas LEOs are never off-duty and can carry virtually anywhere including professional sporting events and theme parks.
While the law you were searching for has been shown to you already, I thought I would point out that there is a very old law that says cops are never off duty. Technically, I guess it would be not off duty while in their jurisdiction.

The Code of Criminal Procedure says police will act in case of crime in their jurisdiction. Note that is does not say anything about on duty or off duty.
Art. 2.13. DUTIES AND POWERS. (a) It is the duty of every peace officer to preserve the peace within the officer's jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any magistrate or court;

(3) give notice to some magistrate of all offenses committed within the officer's jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and

(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

(c) It is the duty of every officer to take possession of a child under Article 63.009(g).



Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 6.01



(d) Subject to Subsection (e), in the course of investigating an alleged criminal offense, a peace officer may inquire as to the nationality or immigration status of a victim of or witness to the offense only if the officer determines that the inquiry is necessary to:

(1) investigate the offense; or

(2) provide the victim or witness with information about federal visas designed to protect individuals providing assistance to law enforcement.



Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 3



(d) On a request made by that office, a peace officer shall execute an emergency detention order issued by the Texas Civil Commitment Office under Section 841.0837, Health and Safety Code.

(e) Subsection (d) does not prevent a peace officer from:

(1) conducting a separate investigation of any other alleged criminal offense; or

(2) inquiring as to the nationality or immigration status of a victim of or witness to a criminal offense if the officer has probable cause to believe that the victim or witness has engaged in specific conduct constituting a separate criminal offense.

Peace officers are certified by the state and employed by agencies or entities. Regardless of the name thats on their paycheck, they are Texas peace officers. They all have statewide authority, some however, (we were in plano when I was there) bound by policy of the employee agency to act only in certain cases. Plano only allows by policy an Officer acting officially off duty outside the city limits if a felony is committed in their presence.

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