By Brimer H.B. No. 464
74R2388 DD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a peace officer to arrest a person
1-3 without a warrant.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.03(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) Any peace officer may arrest, without warrant:
1-8 (1) persons found in suspicious places and under
1-9 circumstances which reasonably show that such persons have been
1-10 guilty of some felony, violation of Title 9, Chapter 42, Penal
1-11 Code, breach of the peace, or offense under Section 49.02, Penal
1-12 Code, or threaten, or are about to commit some offense against the
1-13 laws;
1-14 (2) persons who the peace officer has probable cause
1-15 to believe have committed an assault resulting in bodily injury to
1-16 another person and the peace officer has probable cause to believe
1-17 that there is danger of further bodily injury to that person;
1-18 (3) persons who the peace officer has probable cause
1-19 to believe have committed the offense defined by Section 25.08,
1-20 Penal Code (violation of Protective Order), if the offense is not
1-21 committed in the presence of the peace officer; or
1-22 (4) persons who the peace officer has probable cause
1-23 to believe:
1-24 (A) have attempted or committed an assault
2-1 against <resulting in bodily injury to> a member of the person's
2-2 family or household;
2-3 (B) have committed a breach of the peace against
2-4 a member of the person's family or household; or
2-5 (C) are about to commit a breach of the peace
2-6 against a member of the person's family or household.
2-7 SECTION 2. The change in law made by this Act applies only
2-8 to an arrest made on or after the effective date of this Act.
2-9 SECTION 3. This Act takes effect September 1, 1995.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.