SRC-LBB S.B. 685 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 685
78R6270 KEL-FBy: Hinojosa
Criminal Justice
3/31/2003
As Filed


DIGEST 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,
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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 14.03 (a), (c), and (f), Code of Criminal
Procedure, as follows: 

(a)  Authorizes any peace officer to arrest without warrant persons who
the peace officer has probable cause to believe have committed family
violence. 

 (c)  Makes a conforming change.

 (f)  Defines "family violence."

SECTION 2.  (a)  Effective date:  September 1, 2003.

(b)  Makes application of this Act prospective.