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.