75R9136 GWK-D                           

         By Keel                                                H.B. No. 821

         Substitute the following for H.B. No. 821:

         By Place                                           C.S.H.B. No. 821

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to permitting an arrest without warrant for certain

 1-3     intoxication offenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 14.03(a), Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           (a)  Any peace officer may arrest, without warrant:

 1-8                 (1)  persons found in suspicious places and under

 1-9     circumstances which reasonably show that such persons have been

1-10     guilty of some felony, violation of [Title 9,] Chapter 42, Penal

1-11     Code, breach of the peace, or offense under  Section 49.02, Penal

1-12     Code, or threaten, or are about to commit some offense against the

1-13     laws;

1-14                 (2)  persons who the peace officer has probable cause

1-15     to believe have committed an assault resulting in bodily injury to

1-16     another person and the peace officer has probable cause to believe

1-17     that there is danger of further bodily injury to that person;

1-18                 (3)  persons who the peace officer has probable cause

1-19     to believe have committed the offense defined by  Section 25.07,

1-20     Penal Code (violation of Protective Order), if the offense is not

1-21     committed in the presence of the peace officer; [or]

1-22                 (4)  persons who the peace officer has probable cause

1-23     to believe have committed an assault resulting in bodily injury to

1-24     a member of the person's family or household; or

 2-1                 (5)  persons who the peace officer has probable cause

 2-2     to believe have committed an offense under Section 49.04, 49.05,

 2-3     49.06, 49.07, or 49.08, Penal Code.

 2-4           SECTION 2.  The change in law made by this Act applies only

 2-5     to an arrest that occurs on or after the effective date of this

 2-6     Act.  An arrest that occurs before the effective date of this Act

 2-7     is covered by the law in effect when the arrest occurred, and the

 2-8     former law is continued in effect for this purpose.    

 2-9           SECTION 3.  This Act takes effect September 1, 1997.

2-10           SECTION 4.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.