Steve, the following may or may not solve the OC 1701 issue (working security) but it might eliminate all of the licensure hassles:srothstein wrote:Thanks for the points JP171. I was aware of the CE part because I am still trying to figure out where I am going to get time for 40 hours before August this year. But, I had not thought of the cost of insurance for the unpaid volunteers. As for the work part, I think that could be handled as part of the agreement with the volunteer. No one can make a volunteer do things he does not want to do so this is part of the program set-up.
I think almost all of the CHLs will meet the qualifications to be an LEO. I thought that some might not make the physical part, but that is really just a doctor's opinion on things. From my experience, most doctors will agree if you can do the job you explain you intend to do.
So, it may not be as easy as I think, but none of this seems to rule out the plan. There may be more details to work out in it, but it still looks workable. I will go down and talk with my school board in Luling and see what they think. Our Constable will probably agree to carry the commissions since he already ahs a couple reserves.
I think the problem of allowing a CHL to volunteer is in changing the law on working security. We could also work out the details on that, but it does require a legal change since a volunteer CHL cannot be there to work security (as we have already discussed for church security plans). That would be my fall back for the legislative session.
LGC 85.004(b) authorizes a sheriff to appoint reserve deputies (if the Commissioners Court has granted that power). The sheriff may allow reserve deputies who are licensed peace officers to act as an LEO at all times. Here's the key part -- reserve deputies who are not licensed peace officers may still act as peace officers but only during the actual discharge of their assigned duties.
"A reserve deputy who is not a peace officer as described by Article 2.12, Code of Criminal Procedure, may act as a peace officer only during the actual discharge of official duties."
I take this to mean that you a cop when "on duty" but you are not when you aren't. 85.04(d) seems to confirm this with the following language:
"(d) A reserve deputy on active duty at the call of the sheriff and actively engaged in assigned duties has the same rights, privileges, and duties as any other peace officer of the state."
The same seems to be true with reserve constables via LGC 86.012(b) and (d).
Couldn't willing sheriffs and constables appoint reserve deputies, who are not peace officers, and order them to patrol particular school campuses and/or specify times but clearly state in the order that is the full extent of their authority unless specifically directed otherwise? Wouldn't such a deputy be acting in a law enforcement capacity - due to the specific assignment - rather than as a private security guard (which is usually a cop's 2nd job and not directly connected to his department)?
IANAL but just trying to think outside the box.
SA-TX