1-1 By: Moncrief S.B. No. 127
1-2 (In the Senate - Filed December 6, 1994; January 16, 1995,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 January 31, 1995, reported favorably by the following vote: Yeas
1-5 6, Nays 0; January 31, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the temporary detention of certain persons charged with
1-9 offenses involving family violence or the offense of stalking.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Article 17.291, Code of Criminal
1-12 Procedure, is amended to read as follows:
1-13 (b) Article 17.29 of this code<, Code of Criminal
1-14 Procedure,> does not apply when a person has been arrested or held
1-15 without a warrant in the prevention of family violence or arrested
1-16 for an offense under Section 42.07(a)(7), Penal Code, if there is
1-17 probable cause to believe <the> violence or conduct prohibited by
1-18 Section 42.07(a)(7), Penal Code, will continue if the person is
1-19 immediately released. The head of the agency arresting or holding
1-20 such a person may hold the person for a period of not more than 24
1-21 <four> hours after bond has been posted. This period may be
1-22 extended only if authorized in a writing directed to the person
1-23 having custody of the detained person by a magistrate who concludes
1-24 that <the> violence or conduct prohibited by Section 42.07(a)(7),
1-25 Penal Code, would continue if the person is released, but in no
1-26 case may such a period of detention exceed 48 <24> hours.
1-27 SECTION 2. (a) The change in law made by this Act applies
1-28 only to a defendant charged with an offense committed on or after
1-29 the effective date of this Act. For purposes of this section, an
1-30 offense is committed before the effective date of this Act if any
1-31 element of the offense occurs before the effective date.
1-32 (b) A defendant charged with an offense committed before the
1-33 effective date of this Act is covered by the law in effect when the
1-34 offense was committed, and the former law is continued in effect
1-35 for that purpose.
1-36 SECTION 3. This Act takes effect September 1, 1995.
1-37 SECTION 4. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended.
1-42 * * * * *