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A BILL TO BE ENTITLED
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AN ACT
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relating to periods of detention following arrest and increasing |
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the criminal penalties for violation of certain court orders and |
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conditions of bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.291, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) Subject to Subsection (c), Article 17.29 does not apply |
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when a person has been arrested or held without a warrant in the |
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prevention of family violence if there is probable cause to believe |
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the violence will continue if the person is immediately released. |
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The head of the agency arresting or holding such a person may hold |
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the person for a period of not more than four hours after bond has |
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been posted. This detention period may be extended for an |
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additional period not to exceed 48 hours, but only if authorized in |
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a writing directed to the person having custody of the detained |
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person by a magistrate who concludes that: |
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(1) the violence would continue if the person is |
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released; and |
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(2) if the additional period exceeds 24 hours, |
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probable cause exists to believe that the person committed the |
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instant offense and that, during the 10-year period preceding the |
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date of the instant offense, the person has been arrested: |
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(A) on more than one occasion for an offense |
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involving family violence; or |
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(B) for any other offense, if a deadly weapon, as |
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defined by Section 1.07, Penal Code, was used or exhibited during |
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commission of the offense or during immediate flight after |
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commission of the offense. |
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(c) Article 17.29 does not apply to a person who has been |
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arrested for an offense under Section 25.07 or 25.072, Penal Code. |
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The head of the agency with custody of the person shall hold the |
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person for a minimum of 72 hours, regardless of whether bond has |
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been posted. |
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SECTION 2. Section 25.07(g), Penal Code, is amended to read |
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as follows: |
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(g) An offense under this section is [a Class A misdemeanor, |
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except the offense is: |
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[(1) subject to Subdivision (2), a state jail felony |
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if it is shown at the trial of the offense that the defendant |
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violated an order issued under Subchapter A, Chapter 7B, Code of |
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Criminal Procedure, following the defendant's conviction of or |
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placement on deferred adjudication community supervision for an |
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offense, if the order was issued with respect to a victim of that |
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offense; or |
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[(2)] a felony of the third degree [if it is shown on |
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the trial of the offense that the defendant: |
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[(A) has previously been convicted two or more |
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times of an offense under this section or two or more times of an |
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offense under Section 25.072, or has previously been convicted of |
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an offense under this section and an offense under Section 25.072; |
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or |
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[(B) has violated the order or condition of bond |
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by committing an assault or the offense of stalking]. |
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SECTION 3. Section 25.072(e), Penal Code, is amended to |
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read as follows: |
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(e) An offense under this section is a felony of the second |
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[third] degree. |
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SECTION 4. Section 164.057(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board shall suspend a physician's license on proof |
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that the physician has been: |
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(1) initially convicted of: |
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(A) a felony; |
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(B) a misdemeanor under Chapter 22, Penal Code, |
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other than a misdemeanor punishable by fine only; |
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(C) a misdemeanor on conviction of which a |
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defendant is required to register as a sex offender under Chapter |
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62, Code of Criminal Procedure; or |
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(D) [a misdemeanor under Section 25.07, Penal |
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Code; or |
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[(E)] a misdemeanor under Section 25.071, Penal |
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Code; or |
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(2) subject to an initial finding by the trier of fact |
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of guilt of a felony under: |
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(A) Chapter 481 or 483, Health and Safety Code; |
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(B) Section 485.033, Health and Safety Code; or |
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(C) the Comprehensive Drug Abuse Prevention and |
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Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
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SECTION 5. Section 201.5065(a), Occupations Code, is |
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amended to read as follows: |
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(a) The board shall suspend a chiropractor's license on |
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proof that the chiropractor has been: |
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(1) initially convicted of: |
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(A) a felony; |
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(B) a misdemeanor under Chapter 22, Penal Code, |
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other than a misdemeanor punishable by fine only; |
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(C) a misdemeanor on conviction of which a |
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defendant is required to register as a sex offender under Chapter |
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62, Code of Criminal Procedure; or |
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(D) [a misdemeanor under Section 25.07, Penal |
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Code; or |
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[(E)] a misdemeanor under Section 25.071, Penal |
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Code; or |
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(2) subject to an initial finding by the trier of fact |
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of guilt of a felony under: |
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(A) Chapter 481 or 483, Health and Safety Code; |
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(B) Section 485.033, Health and Safety Code; or |
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(C) the Comprehensive Drug Abuse Prevention and |
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Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
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SECTION 6. Section 263.006(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board shall suspend a license holder's license |
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issued under this subtitle on proof that the person has been: |
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(1) initially convicted of: |
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(A) a felony; |
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(B) a misdemeanor under Chapter 22, Penal Code, |
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other than a misdemeanor punishable by fine only; |
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(C) a misdemeanor on conviction of which a |
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defendant is required to register as a sex offender under Chapter |
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62, Code of Criminal Procedure; or |
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(D) [a misdemeanor under Section 25.07, Penal |
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Code; or |
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[(E)] a misdemeanor under Section 25.071, Penal |
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Code; or |
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(2) subject to an initial finding by the trier of fact |
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of guilt of a felony under: |
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(A) Chapter 481 or 483, Health and Safety Code; |
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(B) Section 485.033, Health and Safety Code; or |
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(C) the Comprehensive Drug Abuse Prevention and |
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Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
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SECTION 7. Section 25.07(h), Penal Code, is repealed. |
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SECTION 8. Article 17.291, Code of Criminal Procedure, as |
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amended by this Act, applies only to a person who is arrested on or |
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after the effective date of this Act. A person arrested before the |
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effective date of this Act is governed by the law in effect on the |
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date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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SECTION 9. Sections 25.07 and 25.072, Penal Code, as |
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amended by this Act, and Sections 164.057, 201.5065, and 263.006, |
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Occupations Code, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2023. |