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.