Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
April 20, 1978
JOHN L. HILL
Attorney General
Honorable John H. Morris Opinion No. H- 1157
Fannin County Attorney
Bonhem, Texas 75418 Re: Whether e juvenile proba-
tion officer is a peace officer.
Dear Mr. Morris:
You have requested our opinion concerning whether a juvenile probation
officer who is also en adult probation officer is e peace officer. Article
5139L, section 2A, V.T.C.S., authorizes the Fennin County Juvenile Board to
“appoint a juvenile officer who shall have the powers end duties prescribed by
Article 5142.”
Article 5142, V.T.C.S., provides that juvenile officers “shell he vested
with all the power end authority of police officers or sheriffs incident to their
offices.” Thus in In re S.E.B., 514 S.W.2d 948 (Tex. Civ. App. - El Paso 1974,
no writ), the court held that a juvenile probation officer had the right of a
police officer to make arrests pursuant to article 14.01 of the Code of
Criminal Procedure. See also Attorney General Opinion O-7332 (1946).
Accordingly, in our opinion a juvenile officer whose powers end duties are
governed by article 5142 has the power and authority of a peace officer. See
Code Crim. Proc. art. 2.12; Attorney General Opinion H-522 (1975). We do=
believe he would lose the powers of e peace officer merely because he is also
an adult probation officer. -See Attorney General Opinions H-549 (1975); H-
167 (1973).
The juvenile officer need not he certified pursuant to article 4413
(29ea), which was amended in 1975 to apply only to persons designated as
peace officers by article 2.12 of the Code of Criminal Procedure and section
51.212 of the Education Code. V.T.C.S. art. 4413 (29ae), § 8(h); House Bill
1202, Acts 1975, 64th Leg., ch. 547.
SUMMARY
A juvenile officer whose powers and duties are
governed by article 5142 has the authority of a peace
officer.
P. 4688
Honorable John H. Morris - Page 2 (H-1157)
Very truly yours,
Attorney General of Texas
APPROVED: V
:4
DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
jst
p. 4689