(3) request information from the child and the other person regarding the child's safety, well-being, and current residence. The prima facie speed limit may not . 1, eff. 2.1385. Texas Administrative Code (outside source) TRACKING USE OF CERTAIN TESTIMONY. 4, eff. 69), Sec. 116, Sec. (i) The director of the department and the executive director of the commission shall have the authority to promulgate rules necessary for the effective administration and performance of the duties and responsibilities delegated to them by this article. 1, eff. 469 (H.B. 1, eff. 469 (H.B. 686), Sec. 686), Sec. Family members of victims killed in the Uvalde school shooting have confronted Texas' police chief in an emotional end to a day of protests at the state Capitol over gun laws By Associated Press . (c) For purposes of Subsection (b), an electronic recording of a custodial interrogation is complete only if the recording: (1) begins at or before the time the person being interrogated enters the area of the place of detention in which the custodial interrogation will take place or receives a warning described by Section 2(a), Article 38.22, whichever is earlier; and. (a) The tribal council of the Alabama-Coushatta Tribe of Texas or the tribal council of the Kickapoo Traditional Tribe of Texas is authorized to employ and commission peace officers for the purpose of enforcing state law within the boundaries of the tribe's reservation. 933 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (e) Repealed by Acts 2019, 86th Leg., R.S., Ch. NOTIFICATION TO TEXAS DEPARTMENT OF CRIMINAL JUSTICE. Aug. 28, 1967; Acts 1973, 63rd Leg., p. 356, ch. 1, see other Art. Acts 2017, 85th Leg., R.S., Ch. June 11, 1991; Acts 1991, 72nd Leg., ch. 176 (S.B. Texas has Constitutional Carry which allows any citizen who is not barred from owning firearms to carry a handgun (concealed or open carried in a hip or chest holster) without a license, insurance, or any required training. (a) In this article: (1) "Electronic recording" means an audiovisual electronic recording, or an audio recording if an audiovisual electronic recording is unavailable, that is authentic, accurate, and unaltered. 1.02, eff. (h) A law enforcement agency shall review the data collected under Subsection (b)(6) to identify any improvements the agency could make in its practices and policies regarding motor vehicle stops. 2.03, eff.
Peace Officers Carrying Weapon on Certain Premises | Office of the Acts 2013, 83rd Leg., R.S., Ch. (c) amended by Acts 1999, 76th Leg., ch. 974, Sec. 2053), Sec. 386), Sec. (4) the person has met all standards for certification as a peace officer by the Texas Commission on Law Enforcement. 469 (H.B. The notice must summarize the applicable reporting requirement and state that the agency may be subject to a civil penalty as provided by Subsection (b) or (c), as applicable. (a) This article applies only to a defendant who, in connection with a previous conviction for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d): (1) received a sentence that included imprisonment at a facility operated by or under contract with the Texas Department of Criminal Justice; and. Acts 2011, 82nd Leg., R.S., Ch. (2) the state treasury to the credit of the compensation to victims of crime fund established under Subchapter J, Chapter 56B. 322, Sec. 891), Sec. SCHOOL MARSHALS. (b) On receipt of a report of abuse or neglect or other complaint of a resident of a nursing home, convalescent home, or other related institution under Section 242.126(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 242.135, Health and Safety Code. Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. 722. 3, eff. Dec. 4, 1986; Acts 1987, 70th Leg., ch. In addition to performing duties required by Article 2.21, a clerk of a district or county court in which an affirmative finding under Article 42.014 is requested shall report that request to the Texas Judicial Council, along with a statement as to whether the request was granted by the court and, if so, whether the affirmative finding was entered in the judgment in the case. 685, Sec. 1, eff. 1, eff. Notwithstanding Article 2.27, on receipt of a report of abuse, neglect, exploitation, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code. 1, eff. Acts 2009, 81st Leg., R.S., Ch. (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. Have you or someone you know been charged with harassment. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. ASSISTANCE OF TEXAS RANGERS. As a result . 5.02, eff. (c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. 516 (H.B. Acts 2019, 86th Leg., R.S., Ch.
Job Center - TMPA 927, Sec. 4, eff. 2.11. In general, juvenile delinquency under Texas law . September 1, 2019. September 1, 2005. 1172 (H.B. 2.137. (2) is assisting another law enforcement agency. (b) Before a law enforcement officer may release a child to a person authorized by law to take possession of the child other than a governmental entity, the officer shall: (1) verify with the National Crime Information Center that the child is not a missing child; (2) search the relevant databases of the National Crime Information Center system, including those pertaining to protection orders, historical protection orders, warrants, sex offender registries, and persons on supervised release to: (A) verify that the person to whom the child is being released: (i) does not have a protective order issued against the person; and, (ii) is not registered as a sex offender unless the person is the child's parent or guardian and there are no restrictions regarding the person's contact with the child; and.
9 new laws that take effect Sept. 1 in Texas - KSAT 1849), Sec. 5, eff. 16, eff. (c) On request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is: (1) contained in the written report prepared under Subsection (b); (2) described by Article 5.05(a)(1) or (2); and. 4.01, eff. 2.139. The officer must have a reasonable suspicion that the driver has committed a crime. Statutes of limitation. 459, Sec.
Legal Digest: Off-Duty Officers and Firearms LEB The report must include: (1) the total number of officer-involved injuries or deaths; (2) a summary of the reports submitted to the office under this article; and. 1011 (H.B. A peace officer may not intentionally use a choke hold, carotid artery hold, or similar neck restraint in searching or arresting a person unless the restraint is necessary to prevent serious bodily injury to or the death of the officer or another person. (D) the board of hospital managers of the Lubbock County Hospital District of Lubbock County, Texas, under Section 1053.113, Special District Local Laws Code; (18) county park rangers commissioned under Subchapter E, Chapter 351, Local Government Code; (19) investigators employed by the Texas Racing Commission; (20) officers commissioned under Chapter 554, Occupations Code; (21) officers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code; (22) investigators commissioned by the attorney general under Section 402.009, Government Code; (23) security officers and investigators commissioned as peace officers under Chapter 466, Government Code; (24) officers appointed by an appellate court under Subchapter F, Chapter 53, Government Code; (25) officers commissioned by the state fire marshal under Chapter 417, Government Code; (26) an investigator commissioned by the commissioner of insurance under Section 701.104, Insurance Code; (27) apprehension specialists and inspectors general commissioned by the Texas Juvenile Justice Department as officers under Sections 242.102 and 243.052, Human Resources Code; (28) officers appointed by the inspector general of the Texas Department of Criminal Justice under Section 493.019, Government Code; (29) investigators commissioned by the Texas Commission on Law Enforcement under Section 1701.160, Occupations Code; (30) commission investigators commissioned by the Texas Private Security Board under Section 1702.061, Occupations Code; (31) the fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; (32) officers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section; (33) investigators commissioned by the Texas Juvenile Justice Department as officers under Section 221.011, Human Resources Code; and. (c) added by Acts 1997, 75th Leg., ch. 2.121 and amended by Acts 1987, 70th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. 979 (S.B. Signed into law during the 87th Texas Legislative session, the new laws affect property valuations, third-party delivery. What to do if you are arrested or detained Say you wish to remain silent and ask for a lawyer immediately. (a) In this article: (1) "Drone" means an unmanned aircraft, watercraft, or ground vehicle or a robotic device that: (A) is controlled remotely by a human operator; or. 1, eff. 873), Sec. 3, eff. It also allows the State of Texas to withhold . 1, eff. Art. Money collected under this subsection shall be deposited in the state treasury to the credit of the general revenue fund. 1, eff. Neither the state nor any political subdivision or agency of the state shall be liable for any act or omission by a person appointed as a railroad peace officer. REPORT REQUIRED CONCERNING HUMAN TRAFFICKING CASES. Speed limits are designed to get drivers where they want to go safely and without undue delay. Acts 2009, 81st Leg., R.S., Ch. 1, eff. September 1, 2005. May 18, 2013. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. 1, eff. 5.05, eff. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 856 (S.B. Immigration Texas Government Code, Chapter 752, Subchapter C Known as Senate Bill 4, this law prohibits certain local government officials and certain higher education campus police departments from adopting or enforcing certain policies regarding immigration laws. 1026 (H.B. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. (2) not later than January 1 of each even-numbered year, submit the policy to the Texas Commission on Law Enforcement in the manner prescribed by the commission. Added by Acts 2021, 87th Leg., R.S., Ch. The report must include all information described in Subsection (b). 312 (S.B. 2.31. 122), Sec. Sept. 1, 1999. September 1, 2009. Interjurisdictional Agreements Each state creates its own laws determining the territorial jurisdiction of its officers. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Aug. 31, 1987; Subsecs. 946 (H.B. Tue, Feb 28, 2023 0 Comments. Added by Acts 1999, 76th Leg., ch. Laws and Regulations November 10, 2020. . Art. 4), Sec. 341), Sec. 1849), Sec. (C) causing a child victim by any means to engage in, or become the victim of, prohibited conduct involving one or more sexual activities, including conduct described by Section 20A.02(a)(7), Penal Code; (5) if available, information regarding any victims' service organization or program to which the victim was referred as part of the investigation; and. 2018), Sec. 2, eff. September 1, 2011. (b) Except as otherwise provided by this subsection, the duties of the appointed office are additional duties of the appointed attorney's present office, and the attorney is not entitled to additional compensation. 1, eff. 2.08, eff. Safety belts, for example, save thousands of lives a year. Art. 12, eff. May 24, 1977; Acts 1977, 65th Leg., p. 1082, ch. When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. (2) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of this state, that employs peace officers who, in the routine performance of the officers' duties, conduct custodial interrogations of persons suspected of committing criminal offenses. Four bureausAdministration, State Police, Rangers, and Fire Preventionwere suggested to be created with the implementation of the new force. Greg Abbott signs slate of legislation to increase criminal penalties for protesters, punish cities that reduce police budgets The bills are in response to. If the peace officer does not take temporary possession of the child, the officer shall obtain the child's current address and any other relevant information and report that information to the Department of Family and Protective Services. For text of article as added by Acts 2021, 87th Leg., R.S., Ch. (b) An officer or agent designated by the Secretary of Homeland Security under 40 U.S.C. 2.1305. (2) was subsequently released from the imprisonment, including a release on parole, to mandatory supervision, or following discharge of the defendant's sentence. Aug. 29, 1983; Acts 1985, 69th Leg., ch. We update this list regularly, so please check back often. (2004). City in radio-equipped vehicle; answers calls for protection of life, property, and enforcement of City, County, and State laws. RULES. 474, Sec. 2.33. Acts 2009, 81st Leg., R.S., Ch. June 14, 1989; Acts 1993, 73rd Leg., ch. 27, eff. On receipt of information to the effect that a person's identifying information was falsely given by a person arrested as the arrested person's identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall: (A) the person's identifying information was misused by another person arrested in the county; (B) the person may file a declaration with the Department of Public Safety under Section 411.0421, Government Code; and, (C) the person is entitled to expunction of information contained in criminal records and files under Chapter 55 of this code; and. Acts 2005, 79th Leg., Ch. Texas Workers' Compensation Act in PDF format. (b) The Texas Commission on Law Enforcement shall establish a comprehensive education and training program on eyewitness identification, including material regarding variables that affect a witness's vision and memory, practices for minimizing contamination, and effective eyewitness identification protocols. (4) the disposition of the prosecution, regardless of the manner of disposition. Art. 312), Sec. September 1, 2017. REPORT TO ATTORNEY GENERAL. 1, see other Art. (e) Subsection (d) does not prevent a peace officer from: (1) conducting a separate investigation of any other alleged criminal offense; or. 1(a), eff. Amended by Acts 1981, 67th Leg., p. 801, ch. (2) "Officer-involved injury or death" means an incident during which a peace officer discharges a firearm causing injury or death to another. The term does not include an attorney representing the state in a justice or municipal court under Chapter 45.
[2021 Guide] Unmarked Police Car Laws in Texas - Thiessen Law Firm 2.131. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Fact: There are more than. 6, eff. 611), Sec. Added by Acts 1987, 70th Leg., ch. DUTIES OF LAW ENFORCEMENT AGENCY FILING CASE.
General Information - Guides at Texas State Law Library The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases. (f) Security personnel working at a commercial nuclear power plant, including contract security personnel, trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission, are not peace officers under the laws of this state, except that such personnel have the powers of arrest, search, and seizure, including the powers under Section 9.51, Penal Code, while in the performance of their duties on the premises of a commercial nuclear power plant site or under agreements entered into with local law enforcement regarding areas surrounding the plant site. Amended by Acts 1999, 76th Leg., ch. 467 (H.B. 722. Sept. 1, 2003. 1545, Sec. 20, eff. 6.01, eff. 2.1387. Acts 2019, 86th Leg., R.S., Ch. 2210), Sec. Democrats in Texas have been calling for new police reforms in the state. (c) An attorney representing the state who prosecutes the alleged commission of an offense under Chapter 20A, Penal Code, or the alleged commission of an offense under Chapter 43, Penal Code, which may involve human trafficking, shall submit to the attorney general the following information: (1) the offense being prosecuted, including a brief description of the alleged prohibited conduct; (2) any other charged offense that is part of the same criminal episode out of which the offense described by Subdivision (1) arose; (3) the information described by Subsections (b)(2), (3), (4), and (5); and. (c) Beginning on the day after the date of receiving notice under Subsection (a), a law enforcement agency that, in the five-year period preceding the date the agency received the notice, has been liable for a civil penalty under Subsection (b) or this subsection is liable for a civil penalty for each day the agency fails to submit the required report. (a) The clerks of the district and county courts shall, when requested in writing by the Attorney General, report to the Attorney General not later than the 10th day after the date the request is received, and in the form prescribed by the Attorney General, information in court records that relates to a criminal matter, including information requested by the Attorney General for purposes of federal habeas review. Mar 2, 2023. September 1, 2017. That means a state is free to permit out-of-state or federal officers to arrest within the state and define the circumstances of that permission. The amount of a civil penalty under this subsection is $10,000 for the first day and $1,000 for each additional day that the agency fails to submit the report.
What new Texas laws go in effect in 2022? - FOX 7 Austin Comments are closed. Being pulled over by someone who isn't in a cop car can be unnerving. Added by Acts 2017, 85th Leg., R.S., Ch. . 2, eff. Don't give any explanations or excuses. 911 (S.B. (a) In this article, "race or ethnicity" has the meaning assigned by Article 2.132(a). 2.09. WHO ARE MAGISTRATES. 386, Sec. Text of article as added by Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1993; Acts 1995, 74th Leg., ch.
Police Body-Worn Camera Footage Access Map - RCFP 93 (S.B. Municipal police are the law enforcement agency we see the most. September 1, 2021. Aug. 31, 1987. 291, Sec. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. September 1, 2017. 2.211. 37, eff.
Texas Police Facts Statistics-Based Law Enforcement in Texas Keep your hands where the police can see them.
jurisdiction | Wex | US Law | LII / Legal Information Institute 950 (S.B. September 1, 2019. AUTHENTICATING OFFICER. 4), Sec. September 1, 2021. Although in older studies the State Police have been described as . 7, Sec. 319), Sec. 70, eff. 1, eff. DALLAS - Chicago Police Superintendent David Brown will resign his position on March 16 and return to Texas to work at a personal injury law firm. 86th Legislature, 2019. (f) added by Acts 2003, 78th Leg., ch. 173 (H.B. September 1, 2011. (a) An establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon. (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and. Acts 2019, 86th Leg., R.S., Ch. 272, Sec. 808 (H.B. Texas Drivers Handbook (PDF) Transportation Code Next Steps Contact a qualified traffic ticket attorney to help you get the best result possible. To effect this purpose, the officer shall use all lawful means.
Texas' abortion laws scare doctors out of even speaking about care 1036), Sec. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. May 2, 2013. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation.
Texas Education Code - EDUC 37.081 | FindLaw June 14, 2013. (b) Except as provided by Subsection (c) of this article, a special ranger may make arrests and exercise all authority given peace officers under this code when necessary to prevent or abate the commission of an offense involving livestock or related property. (d) Not later than the fifth day after the date of receipt of a report submitted under Subsection (c), the office of the attorney general shall post a copy of the report on the office's Internet website. Feature Vignette: Analytics. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. May 23, 1973. 2.03.
CODE OF CRIMINAL PROCEDURE CHAPTER 2. GENERAL DUTIES OF OFFICERS - Texas DUTY OF MAGISTRATES. 2.134. (a) It shall be the duty of the attorney representing the State to present by information to the court having jurisdiction, any officer for neglect or failure of any duty enjoined upon such officer, when such neglect or failure can be presented by information, whenever it shall come to the knowledge of said attorney that there has been a neglect or failure of duty upon the part of said officer; and he shall bring to the notice of the grand jury any act of violation of law or neglect or failure of duty upon the part of any officer, when such violation, neglect or failure is not presented by information, and whenever the same may come to his knowledge. May 19, 1995. September 1, 2011. 2, eff. Added by Acts 2005, 79th Leg., Ch. 808 (H.B. 2, eff. 1, eff. (b) On the victim's request, the law enforcement agency shall provide the report created under Subsection (a) to the victim. If any sheriff or other officer shall wilfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ten nor more than two hundred dollars, at the discretion of the court. Art. The clerk shall make the report required by this article not later than the 30th day after the date the judgment is entered in the case. Acts 2005, 79th Leg., Ch. 2.25. (e) relettered from subsec. Each sheriff shall be a conservator of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. 2.295. June 19, 1983; Acts 1983, 68th Leg., p. 4901, ch. 93 (S.B. Added by Acts 2017, 85th Leg., R.S., Ch. (b-1) An electronically transmitted document is a written document for all purposes and exempt from any additional writing requirement under this code or any other law of this state. If available, park on the right shoulder or, if unavailable, park on a nearby well-lighted side street The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of (a) District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of counsel for the State. 1, eff. 2.13. Termination of employment with a railroad company, or the revocation of a railroad peace officer license, shall constitute an automatic revocation of a certificate of authority to act as a railroad peace officer. DUTIES RELATED TO IMMIGRATION DETAINER REQUESTS. REPORT REQUIRED IN CONNECTION WITH UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION. 197, Sec. The Texas court system is made up of municipal courts, justice courts (justice of the peace), county courts, district courts, and courts of appeal. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. Police need probable cause to pull you over in Texas. 1, eff. Added by Acts 2021, 87th Leg., R.S., Ch. (1) a law enforcement officer of the State of Texas, including an officer of the Department of Public Safety or of the Texas Alcoholic Beverage Commission; (2) a fire fighter who is employed by this state or a political subdivision of this state; (3) a peace officer under Article . 2, eff. 867, Sec. (b) Within the boundaries of the tribe's reservation, a peace officer commissioned under this article: (1) is vested with all the powers, privileges, and immunities of peace officers; (2) may, in accordance with Chapter 14, arrest without a warrant any person who violates a law of the state; and. 974, Sec. 741 (S.B. 907, Sec. Debated, passed and signed during the 87th Texas Legislature, these laws include changes to public safety,. 3, eff. 4.01, eff. 2, eff. (b) Not later than the 10th day after the date that a defendant described by Subsection (a) is indicted for an offense listed in Article 42A.054(a) or for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), the attorney representing the state shall notify an officer designated by the Texas Department of Criminal Justice of the offense charged in the indictment. 69), Sec. 4 (S.B. 1849), Sec. (c) If at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant under Article 39.14, an agency employee shall promptly disclose the document, item, or information to the attorney representing the state. June 18, 1999; Acts 1999, 76th Leg., ch. 2702), Sec. 4170), Sec.
Over 600 New Laws Go Into Effect Today In State of Texas 1758), Sec. Renumbered from art. 2. 655 (H.B. Pursuant to Article 2.1305 of the Texas Code of Criminal Procedure, an establishment serving the public may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment's premises a weapon that the peace officer or special investigator is otherwise authorize to carry, regardless of whether the peace officer or special investigator is engaged .