By: Brown, Moncrief S.B. No. 285
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the temporary detention of certain persons charged with
1-2 offenses involving family violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Article 17.291, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 (b) Article 17.29<, Code of Criminal Procedure,> does not
1-7 apply when a person has been arrested or held without a warrant in
1-8 the prevention of family violence if there is probable cause to
1-9 believe the violence will continue if the person is immediately
1-10 released. The head of the agency arresting or holding such a
1-11 person may hold the person for a period of not more than 24 <four>
1-12 hours after bond has been posted. This period may be extended only
1-13 if authorized in a writing directed to the person having custody of
1-14 the detained person by a magistrate who concludes that the violence
1-15 would continue if the person is released, but in no case may such a
1-16 period of detention exceed 48 <24> hours.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to a defendant charged with an offense committed on or after
1-19 the effective date of this Act. For purposes of this section, an
1-20 offense is committed before the effective date of this Act if any
1-21 element of the offense occurs before the effective date.
1-22 (b) A defendant charged with an offense committed before the
1-23 effective date of this Act is covered by the law in effect when the
1-24 offense was committed, and the former law is continued in effect
2-1 for that purpose.
2-2 SECTION 3. This Act takes effect September 1, 1995.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.