1-1  By:  Brown, Moncrief                                   S.B. No. 285
    1-2        (In the Senate - Filed January 23, 1995; January 24, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  January 31, 1995, reported favorably by the following vote:  Yeas
    1-5  6, Nays 0; January 31, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the temporary detention of certain persons charged with
    1-9  offenses involving family violence.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subsection (b), Article 17.291, Code of Criminal
   1-12  Procedure, is amended to read as follows:
   1-13        (b)  Article 17.29<, Code of Criminal Procedure,> does not
   1-14  apply when a person has been arrested or held without a warrant in
   1-15  the prevention of family violence if there is probable cause to
   1-16  believe the violence will continue if the person is immediately
   1-17  released.  The head of the agency arresting or holding such a
   1-18  person may hold the person for a period of not more than 24 <four>
   1-19  hours after bond has been posted.  This period may be extended only
   1-20  if authorized in a writing directed to the person having custody of
   1-21  the detained person by a magistrate who concludes that the violence
   1-22  would continue if the person is released, but in no case may such a
   1-23  period of detention exceed 48 <24> hours.
   1-24        SECTION 2.  (a)  The change in law made by this Act applies
   1-25  only to a defendant charged with an offense committed on or after
   1-26  the effective date of this Act.  For purposes of this section, an
   1-27  offense is committed before the effective date of this Act if any
   1-28  element of the offense occurs before the effective date.
   1-29        (b)  A defendant charged with an offense committed before the
   1-30  effective date of this Act is covered by the law in effect when the
   1-31  offense was committed, and the former law is continued in effect
   1-32  for that purpose.
   1-33        SECTION 3.  This Act takes effect September 1, 1995.
   1-34        SECTION 4.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended.
   1-39                               * * * * *