BILL ANALYSIS


                                                         S.B. 127
                                                     By: Moncrief
                                                 Criminal Justice
                                                         01-31-95
                                     Committee Report (Unamended)

BACKGROUND

Victims of stalkers often use the time the offender is detained to
make arrangements for their safety, such as temporarily or
permanently moving, changing phone numbers, and obtaining
protective orders or restraining orders.  In some situations,
persons are released from jail on bail or bond very quickly and
victims do not have an opportunity to make arrangements for their
safety. 

PURPOSE

As proposed, S.B. 127 extends the period for which certain persons
charged with offenses involving family violence or stalking may be
held after a bond has been posted.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 17.291(b), Code of Criminal Procedure,
as follows:

     (b) Provides that Article 17.29 does not apply when a person
     has been arrested for an offense under Section 42.07(a)(7),
     Penal Code, if there is probable cause to believe the violence
     will continue if the person is immediately relased. 
     Authorizes the agency to hold such a person for a period of up
     to 24, rather than 4, hours.  Provides that this period may be
     extended, but may not exceed 48, rather than 24, hours.
SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 1995.

SECTION 4. Emergency clause.