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.