BILL ANALYSIS



S.B. 285
By: Brown (Talton)
May 19, 1995
Committee Report (Unamended)


BACKGROUND

Victims of domestic violence may attempt to leave their abuser
while he or she is detained as a result of an arrest for a domestic
violence related assault.  Currently, a person may be released
immediately upon processing and posting of bail.  As a result, this
may not be ample time for the victim to make alternate living
arrangements.

PURPOSE

As proposed, S.B. 285 authorizes detention of a person who was
arrested for domestic violence to exceed the period following
posting of bail.

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 or held without a warrant in the prevention
     of family violence if there is probable cause that the
     violence will continue if the person is immediately released. 
     Authorizes the head of the arresting agency to detain the
     person for up to 24, rather than four, hours after the bond
     has been posted.  Authorizes the detention of the person to be
     up to 48, rather than 24,  hours with written order from a
     magistrate.
     
SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.
     

SUMMARY OF COMMITTEE ACTION

SB 285 was referred directly to the Assault Crimes Subcommittee,
consisting of representatives Greenberg, Farrar, Pitts.  SB 285 was
considered by the subcommittee in a formal meeting on April 6,
1995.  The bill was reported favorably without amendment.  SB 285
was considered on subcommittee report by the full committee in a
formal meeting on May 19, 1995.  SB 285 was reported favorably
without amendment, with the recommendation that it do pass and be
printed by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.