By Keel H.B. No. 1000
75R3066 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the meaning of the term "arrest."
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 15.22, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 15.22. WHEN A PERSON IS ARRESTED. A person is arrested
1-7 when the person is [he has been actually placed under restraint or]
1-8 taken into actual custody by an officer or person having the
1-9 intent to make a custodial arrest [executing a warrant of arrest,
1-10 or by an officer or person arresting without a warrant]. For
1-11 purposes of this article, a person is not considered to have been
1-12 taken into custody by an officer having the intent to make a
1-13 custodial arrest if the officer conducts only a constitutionally
1-14 permissible investigatory detention of reasonable length.
1-15 SECTION 2. This Act takes effect September 1, 1997. The
1-16 change in law made by this Act applies only to an arrest made on or
1-17 after September 1, 1997. An arrest made before September 1, 1997,
1-18 is defined by the law in effect when the arrest was made, and the
1-19 former law is continued in effect for that purpose.
1-20 SECTION 3. The importance of this legislation and the
1-21 crowded condition of the calendars in both houses create an
1-22 emergency and an imperative public necessity that the
1-23 constitutional rule requiring bills to be read on three several
1-24 days in each house be suspended, and this rule is hereby suspended.