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.
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