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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of information regarding an arrested |
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person and the victim of the offense to a magistrate for purposes of |
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an order for emergency protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 14.06, Code of Criminal Procedure, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) On presentation of a person arrested for committing an |
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offense described by Article 17.292(a), the person making the |
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arrest or the person having custody, as applicable, shall provide |
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to the magistrate the information regarding the arrested person |
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that is necessary for the issuance of a magistrate's order for |
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emergency protection as provided by Article 17.292(d-3). |
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SECTION 2. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.052 to read as follows: |
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Art. 15.052. ADDITIONAL INFORMATION FOR COMPLAINTS FOR |
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CERTAIN OFFENSES. (a) A person making a complaint alleging the |
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commission of an offense described by Article 17.292(a) shall |
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include the information necessary for the issuance of a |
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magistrate's order for emergency protection as provided by Article |
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17.292(d-3). |
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(b) The failure of a person making the complaint to provide |
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the information under Subsection (a) does not affect the |
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sufficiency of the complaint. |
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SECTION 3. Article 15.17, Code of Criminal Procedure, is |
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amended by adding Subsection (a-2) to read as follows: |
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(a-2) On presentation of a person arrested for committing an |
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offense described by Article 17.292(a), the person making the |
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arrest or the person having custody, as applicable, shall provide |
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to the magistrate the information regarding the arrested person |
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that is necessary for the issuance of a magistrate's order for |
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emergency protection as provided by Article 17.292(d-3). |
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SECTION 4. Article 17.292, Code of Criminal Procedure, is |
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amended by adding Subsection (d-3) to read as follows: |
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(d-3) The person making the arrest or the person having |
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custody of the defendant shall provide to the magistrate any |
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information regarding the defendant that will aid the magistrate in |
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issuing an order for emergency protection under this article. To |
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the extent the information is available, the person making the |
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arrest or the person having custody shall provide information |
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regarding the victim of the offense to the magistrate to aid the |
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magistrate in issuing the order for emergency protection. The |
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person making the arrest or the person having custody, as |
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applicable, shall, at a minimum, provide any information described |
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by Section 411.042(b)(6), Government Code, available to the person |
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and may use a form adopted by the Office of Court Administration of |
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the Texas Judicial System under Section 72.039, Government Code, |
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for this purpose. The failure to provide the necessary information |
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to the magistrate does not negate the magistrate's authority or |
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duty to issue an order for emergency protection under this article. |
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SECTION 5. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |
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