By Moncrief S.B. No. 127
74R1530 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the temporary detention of certain persons charged with
1-3 offenses involving family violence or the offense of stalking.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.291(b), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (b) Article 17.29<, Code of Criminal Procedure,> does not
1-8 apply when a person has been arrested or held without a warrant in
1-9 the prevention of family violence or arrested for an offense under
1-10 Section 42.07(a)(7), Penal Code, if there is probable cause to
1-11 believe <the> violence or conduct prohibited by Section 42.07(a)(7)
1-12 will continue if the person is immediately released. The head of
1-13 the agency arresting or holding such a person may hold the person
1-14 for a period of not more than 24 <four> hours after bond has been
1-15 posted. This period may be extended only if authorized in a
1-16 writing directed to the person having custody of the detained
1-17 person by a magistrate who concludes that <the> violence or conduct
1-18 prohibited by Section 42.07(a)(7) would continue if the person is
1-19 released, but in no case may such a period of detention exceed 48
1-20 <24> hours.
1-21 SECTION 2. (a) The change in law made by this Act applies
1-22 only to a defendant charged with an offense committed on or after
1-23 the effective date of this Act. For purposes of this section, an
1-24 offense is committed before the effective date of this Act if any
2-1 element of the offense occurs before the effective date.
2-2 (b) A defendant charged with an offense committed before the
2-3 effective date of this Act is covered by the law in effect when the
2-4 offense was committed, and the former law is continued in effect
2-5 for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1995.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.