1-1 By: Brown, Moncrief S.B. No. 284
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 January 31, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 January 31, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 284 By: Henderson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the liability of a peace officer who provides standby
1-11 assistance to a victim of family violence.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 5, Code of Criminal Procedure, is amended
1-14 by adding Article 5.045 to read as follows:
1-15 Art. 5.045. STANDBY ASSISTANCE; LIABILITY. (a) In the
1-16 discretion of a peace officer, the officer may stay with a victim
1-17 of family violence to protect the victim and allow the victim to
1-18 take the personal property of the victim or of a child in the care
1-19 of the victim to a place of safety in an orderly manner.
1-20 (b) A peace officer who provides assistance under Subsection
1-21 (a) of this article is not:
1-22 (1) civilly liable for an act or omission of the
1-23 officer that arises in connection with providing the assistance or
1-24 determining whether to provide the assistance; or
1-25 (2) civilly or criminally liable for the wrongful
1-26 appropriation of any personal property by the victim.
1-27 SECTION 2. The importance of this legislation and the
1-28 crowded condition of the calendars in both houses create an
1-29 emergency and an imperative public necessity that the
1-30 constitutional rule requiring bills to be read on three several
1-31 days in each house be suspended, and this rule is hereby suspended,
1-32 and that this Act take effect and be in force from and after its
1-33 passage, and it is so enacted.
1-34 * * * * *