By Brown                                               S.B. No. 285
       74R1529 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the temporary detention of certain persons charged with
    1-3  offenses involving family violence or the offense of stalking.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 17.291(b), Code of Criminal Procedure, is
    1-6  amended to read as follows:
    1-7        (b)  Article 17.29<, Code of Criminal Procedure,> does not
    1-8  apply when a person has been arrested or held without a warrant in
    1-9  the prevention of family violence if there is probable cause to
   1-10  believe the violence will continue if the person is immediately
   1-11  released.  The head of the agency arresting or holding such a
   1-12  person may hold the person for a period of not more than 24 <four>
   1-13  hours after bond has been posted.  This period may be extended only
   1-14  if authorized in a writing directed to the person having custody of
   1-15  the detained person by a magistrate who concludes that the violence
   1-16  would continue if the person is released, but in no case may such a
   1-17  period of detention exceed 48 <24> hours.
   1-18        SECTION 2.  (a)  The change in law made by this Act applies
   1-19  only to a defendant charged with an offense committed on or after
   1-20  the effective date of this Act.  For purposes of this section, an
   1-21  offense is committed before the effective date of this Act if any
   1-22  element of the offense occurs before the effective date.
   1-23        (b)  A defendant charged with an offense committed before the
   1-24  effective date of this Act is covered by the law in effect when the
    2-1  offense was committed, and the former law is continued in effect
    2-2  for that purpose.
    2-3        SECTION 3.  This Act takes effect September 1, 1995.
    2-4        SECTION 4.  The importance of this legislation and the
    2-5  crowded condition of the calendars in both houses create an
    2-6  emergency and an imperative public necessity that the
    2-7  constitutional rule requiring bills to be read on three several
    2-8  days in each house be suspended, and this rule is hereby suspended.