Amend SB 91 on third reading by adding the following
appropriately numbered SECTIONS to the bill and renumbering
existing SECTIONS of the bill accordingly:
SECTION __. Article 14.03(a), Code of Criminal Procedure, as
amended by Section 2, Chapter 460, Section 2, Chapter 836, Section
1, Chapter 989, and Section 2, Chapter 1164, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended to
read as follows:
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause to
believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause to
believe have committed an offense defined by Section 25.07, Penal
Code (violation of Protective Order), or by Section 38.112, Penal
Code (violation of Protective Order issued on basis of sexual
assault), if the offense is not committed in the presence of the
peace officer; [or]
(4) persons who the peace officer has probable cause to
believe have committed an offense involving family violence;
[assault resulting in bodily injury to a member of the person's
family or household; or]
(5) persons who the peace officer has probable cause to
believe have prevented or interfered with an individual's ability
to place a telephone call in an emergency, as defined by Section
42.062(d), Penal Code, if the offense is not committed in the
presence of the peace officer; or [.]
(6) [5] a person who makes a statement to the peace
officer that would be admissible against the person under Article
38.21 and establishes probable cause to believe that the person has
committed a felony.
SECTION __. Articles 14.03(c) and (f), Code of Criminal
Procedure, are amended to read as follows:
(c) If reasonably necessary to verify an allegation of a
violation of a protective order or of the commission of an offense
involving family violence [assault against a member of the family
or household], a peace officer shall remain at the scene of the
investigation to verify the allegation and to prevent the further
commission of the violation or of family violence.
(f) In this article, "family violence" has ["family,"
"household," and "member of a household" have] the meaning
[meanings] assigned [to those terms] by Section 71.004 [Chapter
71], Family Code.