By: Brown, Moncrief S.B. No. 284
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the liability of a peace officer who provides standby
1-2 assistance to a victim of family violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 5, Code of Criminal Procedure, is amended
1-5 by adding Article 5.045 to read as follows:
1-6 Art. 5.045. STANDBY ASSISTANCE; LIABILITY. (a) In the
1-7 discretion of a peace officer, the officer may stay with a victim
1-8 of family violence to protect the victim and allow the victim to
1-9 take the personal property of the victim or of a child in the care
1-10 of the victim to a place of safety in an orderly manner.
1-11 (b) A peace officer who provides assistance under Subsection
1-12 (a) of this article is not:
1-13 (1) civilly liable for an act or omission of the
1-14 officer that arises in connection with providing the assistance or
1-15 determining whether to provide the assistance; or
1-16 (2) civilly or criminally liable for the wrongful
1-17 appropriation of any personal property by the victim.
1-18 SECTION 2. The importance of this legislation and the
1-19 crowded condition of the calendars in both houses create an
1-20 emergency and an imperative public necessity that the
1-21 constitutional rule requiring bills to be read on three several
1-22 days in each house be suspended, and this rule is hereby suspended,
1-23 and that this Act take effect and be in force from and after its
1-24 passage, and it is so enacted.