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 * * * * *