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H. R. 675

To amend title 10, United States Code, to provide police officers, criminal investigators, and game law enforcement officers of the Department of Defense with authority to execute warrants, make arrests, and carry firearms.

IN THE HOUSE OF REPRESENTATIVES

January 26, 2009

Mr. FILNER introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

A BILL

To amend title 10, United States Code, to provide police officers, criminal investigators, and game law enforcement officers of the Department of Defense with authority to execute warrants, make arrests, and carry firearms..

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AUTHORITY FOR POLICE OFFICERS, CRIMINAL INVESTIGATORS, AND GAME LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF DEFENSE TO EXECUTE WARRANTS, MAKE ARRESTS, AND CARRY FIREARMS.

(a) Authority- Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1585b. Law enforcement officers of the Department of Defense: authority to execute warrants, make arrests, and carry firearms .

(a) Authority- The Secretary of Defense may authorize any law enforcement officer of the Department of Defense--
1 Authority- The Secretary of Defense may authorize any law enforcement officer of the Department of Defense
1 to execute and serve any warrant or other process issued under the authority of the United States;
2 to make arrests without a warrant--
a for any offense against the United States committed in the presence of that officer; and
b for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
3 to carry firearms
b Persons To Have Authority- Subsection (a) applies to any law enforcement officer of the Department of Defense whose duties include
1 enforcing laws enacted for the protection of persons and property;
2 preventing breaches of the peace and suppressing affrays or unlawful assemblies;
3 conducting, supervising, or coordinating investigations of criminal activity in programs and operations of the Department of Defense; or
4 enforcing any rules or regulations with respect to Department of Defense property prescribed by duly authorized officials.
c Guidelines on Exercise of Authority- The authority provided under subsection (a) shall be exercised in accordance with guidelines issued by the Secretary of Defense and approved by the Attorney General
d Definition of Law Enforcement Officer of the Department of Defense- In this section, the term ?law enforcement officer of the Department of Defense' means a civilian employee of the Department of Defense who is any of the following:
1 A Federal police officer or detective as classified by the Office of Personnel Management Occupational Series 0083 (or any successor to that series).
2 A game law enforcement officer or special agent as classified by the Office of Personnel Management Occupational Series 1812 (or any successor to that series).
3 A criminal investigator as classified by the Office of Personnel Management Occupational Series 1811 (or any successor to that series) and not employed as a special agent of the Defense Criminal Investigative Service (or any successor to that service).
e Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
1 1585b. Law enforcement officers of the Department of Defense: authority to execute warrants, make arrests, and carry firearms

 

 

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