HR 675 - Police Powers for DOD

[Brick]

This bill has been around for a while.

I am trying to figure out the need for this and what "police" this applies to. I am familiar with the DOD Police who have jurisdiction on DOD property and often act in leiu of Military Police or Shore Patrol. But, afaik they are limited to DOD property. Other agencies like Office of Strategic Investigations, and Criminal Investigation Division afaik are limited in the juridiction within the civilain world.

Current status:
Sponsor: Rep Filner, Bob [CA-51] (introduced 1/26/2009) Cosponsors (None)
Latest Major Action: 3/16/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

use bill number search at http://thomas.loc.gov/

111th CONGRESS

1st Session

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) 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).'.

(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

[chrisjames_71]

It applies to all the civilian officers of the DOA, DON, DOAF. Each military branch now have their own police forces patroling bases. This bill will give them statutory authority. It will NOT apply to the military forces at all.

[Brick]

It applies to all the civilian officers of the DOA, DON, DOAF. Each military branch now have their own police forces patroling bases. This bill will give them statutory authority. It will NOT apply to the military forces at all.

OK, but I don't understand the need for "DOD Police" of any stripe needing authority off DOD property. If someone commits a crime (of any kind) on DOD property, they are subject to immediate arrest by DOD police (if they can react fast enough) once the crime and the criminal go "off-post" it becomes a matter for FBI. DOD Police have no need to conduct a search of property off-post, or serve any kind of warrant, that's what U.S. Marshalls and FBI are for.

I think this congressman has seen too many episodes of NCIS!

[chrisjames_71]

Where does it say anywhere in the bill that they would have jurisdiction off DoD property? Just cause they have stautory authority doesn't mean they have it everywhere. Its limited to thier actual jurisdiction.

[Brick]

I think that's part of my problem with the bill... The fact that it doesn't limit thier authority to Federal (DOD) property bothers me. Unless there is another law existing somewhere that establishes thier jurisdiction and limits thier activities to Federal reservations. But so far I haven't found it Chap 81 Title 10 USC.

[chrisjames_71]

They can't now and they won't be allowed to if this passes.

[wa3ra]

As it stands now, DoD police can't arrest an individual off-base; MANY officers live in civilian housing off base. In some areas, they provide police and investigative services on bases, but since they are civilians, they are nor permitted to carry firearms, depending instead on the MPs, Shore Patrol, or Security Police to provide firepower.

Additionally, it would give these people carry authority under LEOSA.

[chrisjames_71]

And it should be noted, that there really is no such enitity as DoD Police. As they all fall under the individual military branches and they all have different academies they attend. They just fall under the DoD umbrella, and very few agencies that fall under this umbrella have full statutory arrest authority.

[King 5.45]

And it should be noted, that there really is no such enitity as DoD Police. As they all fall under the individual military branches and they all have different academies they attend. They just fall under the DoD umbrella, and very few agencies that fall under this umbrella have full statutory arrest authority.

??????????

[chrisjames_71]

??????????

Do you really always believe wikipedia? A page that anyone can change. As someone who has worked very closely with DoD enitities, what I am saying is true. Each individual branch has their OWN force and they do NOT wear a patch that says DoD Police. They all have their own patches and they are not referred to as DoD Police. They are referred to as Department of Army Police or Department of Air Force, or Department of Navy Police and so on. APG Police are called just that, Ft Meade are called Ft Meade Police.

If they all were simply DoD Police, they would all have the same rules and regs and the same academy. But they don't and never will. They'll all go to different academies and have different rules.