By:  Moncrief, et al.                                  S.B. No. 127
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the temporary detention of certain persons charged with
    1-2  offenses involving family violence or the offense of stalking.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Article 17.291, Code of Criminal
    1-5  Procedure, is amended to read as follows:
    1-6        (b)  Article 17.29 of this code<, Code of Criminal
    1-7  Procedure,> does not apply when a person has been arrested or held
    1-8  without a warrant in the prevention of family violence or arrested
    1-9  for an offense under Section 42.07(a)(7), Penal Code, if there is
   1-10  probable cause to believe <the> violence or conduct prohibited by
   1-11  Section 42.07(a)(7), Penal Code, will continue if the person is
   1-12  immediately released.  The head of the agency arresting or holding
   1-13  such a person may hold the person for a period of not more than 24
   1-14  <four> hours after bond has been posted.  This period may be
   1-15  extended only if authorized in a writing directed to the person
   1-16  having custody of the detained person by a magistrate who concludes
   1-17  that <the> violence or conduct prohibited by Section 42.07(a)(7),
   1-18  Penal Code, would continue if the person is released, but in no
   1-19  case may such a period of detention exceed 48 <24> hours.
   1-20        SECTION 2.  Chapter 17, Code of Criminal Procedure, is
   1-21  amended by adding Article 17.033 to read as follows:
   1-22        Art. 17.033.  RELEASE ON PERSONAL BOND PROHIBITED.  (a)  A
   1-23  person is not eligible for release on personal bond under this
   1-24  chapter if the person has been arrested or held without a warrant
    2-1  in the prevention of family violence or arrested for an offense
    2-2  under Section 42.07(a)(7), Penal Code.
    2-3        (b)  In this article, "family violence" has the meaning
    2-4  assigned by Section 71.01, Family Code.
    2-5        SECTION 3.  (a)  The change in law made by this Act applies
    2-6  only to a defendant charged with an offense committed on or after
    2-7  the effective date of this Act.  For purposes of this section, an
    2-8  offense is committed before the effective date of this Act if any
    2-9  element of the offense occurs before the effective date.
   2-10        (b)  A defendant charged with an offense committed before the
   2-11  effective date of this Act is covered by the law in effect when the
   2-12  offense was committed, and the former law is continued in effect
   2-13  for that purpose.
   2-14        SECTION 4.  This Act takes effect September 1, 1995.
   2-15        SECTION 5.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.