C.S.S.B. 685 78(R)    BILL ANALYSIS


C.S.S.B. 685
By: Hinojosa
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Code of Criminal Procedure only allows peace officers
to arrest a person they have probable cause to believe committed an
assault resulting in bodily injury to "a member of the person's family or
household." This definition excludes a dating relationship. As proposed,
C.S.S.B. 685 amends Article 14.03, Code of Criminal Procedure, to refer to
the definition of "family violence" provided in Section 71.004, Family
Code, which will give law enforcement officers the authority to intervene
in cases where they believe an assault resulting in bodily injury has
occurred.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 685 amends the Code of Criminal Procedure to allow any peace
officer to arrest, without warrant, persons who the peace officer has
probable cause to believe have committed an offense involving family
violence. 

EFFECTIVE DATE

September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the engrossed bill by replacing "committed
family violence" with "committed an offense involving family violence."