Texas 2023 - 88th Regular

Texas House Bill HB3032 Compare Versions

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Version 2 (New)

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1	1	88R8820 JSC-D
2	2	By: Landgraf H.B. No. 3032
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to periods of detention following arrest and increasing
8	8	the criminal penalties for violation of certain court orders and
9	9	conditions of bond.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 17.291, Code of Criminal Procedure, is
12	12	amended by amending Subsection (b) and adding Subsection (c) to
13	13	read as follows:
14	14	(b) Subject to Subsection (c), Article 17.29 does not apply
15	15	when a person has been arrested or held without a warrant in the
16	16	prevention of family violence if there is probable cause to believe
17	17	the violence will continue if the person is immediately released.
18	18	The head of the agency arresting or holding such a person may hold
19	19	the person for a period of not more than four hours after bond has
20	20	been posted. This detention period may be extended for an
21	21	additional period not to exceed 48 hours, but only if authorized in
22	22	a writing directed to the person having custody of the detained
23	23	person by a magistrate who concludes that:
24	24	(1) the violence would continue if the person is
25	25	released; and
26	26	(2) if the additional period exceeds 24 hours,
27	27	probable cause exists to believe that the person committed the
28	28	instant offense and that, during the 10-year period preceding the
29	29	date of the instant offense, the person has been arrested:
30	30	(A) on more than one occasion for an offense
31	31	involving family violence; or
32	32	(B) for any other offense, if a deadly weapon, as
33	33	defined by Section 1.07, Penal Code, was used or exhibited during
34	34	commission of the offense or during immediate flight after
35	35	commission of the offense.
36	36	(c) Article 17.29 does not apply to a person who has been
37	37	arrested for an offense under Section 25.07 or 25.072, Penal Code.
38	38	The head of the agency with custody of the person shall hold the
39	39	person for a minimum of 72 hours, regardless of whether bond has
40	40	been posted.
41	41	SECTION 2. Section 25.07(g), Penal Code, is amended to read
42	42	as follows:
43	43	(g) An offense under this section is [a Class A misdemeanor,
44	44	except the offense is:
45	45	[(1) subject to Subdivision (2), a state jail felony
46	46	if it is shown at the trial of the offense that the defendant
47	47	violated an order issued under Subchapter A, Chapter 7B, Code of
48	48	Criminal Procedure, following the defendant's conviction of or
49	49	placement on deferred adjudication community supervision for an
50	50	offense, if the order was issued with respect to a victim of that
51	51	offense; or
52	52	[(2)] a felony of the third degree [if it is shown on
53	53	the trial of the offense that the defendant:
54	54	[(A) has previously been convicted two or more
55	55	times of an offense under this section or two or more times of an
56	56	offense under Section 25.072, or has previously been convicted of
57	57	an offense under this section and an offense under Section 25.072;
58	58	or
59	59	[(B) has violated the order or condition of bond
60	60	by committing an assault or the offense of stalking].
61	61	SECTION 3. Section 25.072(e), Penal Code, is amended to
62	62	read as follows:
63	63	(e) An offense under this section is a felony of the second
64	64	[third] degree.
65	65	SECTION 4. Section 164.057(a), Occupations Code, is
66	66	amended to read as follows:
67	67	(a) The board shall suspend a physician's license on proof
68	68	that the physician has been:
69	69	(1) initially convicted of:
70	70	(A) a felony;
71	71	(B) a misdemeanor under Chapter 22, Penal Code,
72	72	other than a misdemeanor punishable by fine only;
73	73	(C) a misdemeanor on conviction of which a
74	74	defendant is required to register as a sex offender under Chapter
75	75	62, Code of Criminal Procedure; or
76	76	(D) [a misdemeanor under Section 25.07, Penal
77	77	Code; or
78	78	[(E)] a misdemeanor under Section 25.071, Penal
79	79	Code; or
80	80	(2) subject to an initial finding by the trier of fact
81	81	of guilt of a felony under:
82	82	(A) Chapter 481 or 483, Health and Safety Code;
83	83	(B) Section 485.033, Health and Safety Code; or
84	84	(C) the Comprehensive Drug Abuse Prevention and
85	85	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
86	86	SECTION 5. Section 201.5065(a), Occupations Code, is
87	87	amended to read as follows:
88	88	(a) The board shall suspend a chiropractor's license on
89	89	proof that the chiropractor has been:
90	90	(1) initially convicted of:
91	91	(A) a felony;
92	92	(B) a misdemeanor under Chapter 22, Penal Code,
93	93	other than a misdemeanor punishable by fine only;
94	94	(C) a misdemeanor on conviction of which a
95	95	defendant is required to register as a sex offender under Chapter
96	96	62, Code of Criminal Procedure; or
97	97	(D) [a misdemeanor under Section 25.07, Penal
98	98	Code; or
99	99	[(E)] a misdemeanor under Section 25.071, Penal
100	100	Code; or
101	101	(2) subject to an initial finding by the trier of fact
102	102	of guilt of a felony under:
103	103	(A) Chapter 481 or 483, Health and Safety Code;
104	104	(B) Section 485.033, Health and Safety Code; or
105	105	(C) the Comprehensive Drug Abuse Prevention and
106	106	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
107	107	SECTION 6. Section 263.006(a), Occupations Code, is amended
108	108	to read as follows:
109	109	(a) The board shall suspend a license holder's license
110	110	issued under this subtitle on proof that the person has been:
111	111	(1) initially convicted of:
112	112	(A) a felony;
113	113	(B) a misdemeanor under Chapter 22, Penal Code,
114	114	other than a misdemeanor punishable by fine only;
115	115	(C) a misdemeanor on conviction of which a
116	116	defendant is required to register as a sex offender under Chapter
117	117	62, Code of Criminal Procedure; or
118	118	(D) [a misdemeanor under Section 25.07, Penal
119	119	Code; or
120	120	[(E)] a misdemeanor under Section 25.071, Penal
121	121	Code; or
122	122	(2) subject to an initial finding by the trier of fact
123	123	of guilt of a felony under:
124	124	(A) Chapter 481 or 483, Health and Safety Code;
125	125	(B) Section 485.033, Health and Safety Code; or
126	126	(C) the Comprehensive Drug Abuse Prevention and
127	127	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
128	128	SECTION 7. Section 25.07(h), Penal Code, is repealed.
129	129	SECTION 8. Article 17.291, Code of Criminal Procedure, as
130	130	amended by this Act, applies only to a person who is arrested on or
131	131	after the effective date of this Act. A person arrested before the
132	132	effective date of this Act is governed by the law in effect on the
133	133	date the person was arrested, and the former law is continued in
134	134	effect for that purpose.
135	135	SECTION 9. Sections 25.07 and 25.072, Penal Code, as
136	136	amended by this Act, and Sections 164.057, 201.5065, and 263.006,
137	137	Occupations Code, as amended by this Act, apply only to an offense
138	138	committed on or after the effective date of this Act. An offense
139	139	committed before the effective date of this Act is governed by the
140	140	law in effect when the offense was committed, and the former law is
141	141	continued in effect for that purpose. For purposes of this
142	142	section, an offense was committed before the effective date of this
143	143	Act if any element of the offense occurred before that date.
144	144	SECTION 10. This Act takes effect September 1, 2023.