BILL ANALYSIS Senate Research Center S.B. 1896 89R16164 JSC-F By: Huffman Criminal Justice 4/11/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT After an arrest for certain offenses, a magistrate can issue an order of emergency protection for the victim and the victim's family or household members. The purpose of the magistrate's order is to prevent the defendant from inflicting further harm on the victim after the defendant is released. S.B. 1896 requires a law enforcement officer to provide to the magistrate the relevant information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection. This information is the same information that the arresting officer's agency will ultimately be responsible for submitting to the Texas Crime Information Center database. As proposed, S.B. 1896 amends current law relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection. 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 Article 14.06, Code of Criminal Procedure, by adding Subsection (a-1), as follows: (a-1) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a) (relating to an offense involving family violence or an offense involving certain provisions of the Penal Code), to provide to the magistrate the information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection as provided by Article 17.292(d-3). SECTION 2. Amends Article 15.17, Code of Criminal Procedure, by adding Subsection (a-2), as follows: (a-2) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a), to provide to the magistrate the information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection as provided by Article 17.292(d-3). SECTION 3. Amends Article 17.292, Code of Criminal Procedure, by adding Subsection (d-3), as follows: (d-3) Requires the person making the arrest or the person having custody of the defendant arrested for an offense involving family violence to provide to the magistrate any information regarding the defendant that will aid the magistrate in issuing an order for emergency protection under Article 17.292 (Magistrate's Order for Emergency Protections). Requires the person making the arrest or the person having custody, as applicable, at a minimum, to provide any information described by Section 411.042(b)(6) (relating to certain pertinent information about all persons subject to active orders), Government Code, available to the person and authorizes the person making the arrest or the person having custody to use a form adopted by the Office of Court Administration of the Texas Judicial System under Section 72.039 (Protective Order Applications, Forms, and Materials), Government Code, for this purpose. Provides that the failure to provide the necessary information to the magistrate does not negate the magistrate's authority or duty to issue an order for emergency protection under this article. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1896
89R16164 JSC-F By: Huffman
Criminal Justice
4/11/2025
As Filed
Senate Research Center
S.B. 1896
89R16164 JSC-F
By: Huffman
Criminal Justice
4/11/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
After an arrest for certain offenses, a magistrate can issue an order of emergency protection for the victim and the victim's family or household members. The purpose of the magistrate's order is to prevent the defendant from inflicting further harm on the victim after the defendant is released.
S.B. 1896 requires a law enforcement officer to provide to the magistrate the relevant information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection. This information is the same information that the arresting officer's agency will ultimately be responsible for submitting to the Texas Crime Information Center database.
As proposed, S.B. 1896 amends current law relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection.
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 Article 14.06, Code of Criminal Procedure, by adding Subsection (a-1), as follows:
(a-1) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a) (relating to an offense involving family violence or an offense involving certain provisions of the Penal Code), to provide to the magistrate the information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection as provided by Article 17.292(d-3).
SECTION 2. Amends Article 15.17, Code of Criminal Procedure, by adding Subsection (a-2), as follows:
(a-2) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a), to provide to the magistrate the information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection as provided by Article 17.292(d-3).
SECTION 3. Amends Article 17.292, Code of Criminal Procedure, by adding Subsection (d-3), as follows:
(d-3) Requires the person making the arrest or the person having custody of the defendant arrested for an offense involving family violence to provide to the magistrate any information regarding the defendant that will aid the magistrate in issuing an order for emergency protection under Article 17.292 (Magistrate's Order for Emergency Protections). Requires the person making the arrest or the person having custody, as applicable, at a minimum, to provide any information described by Section 411.042(b)(6) (relating to certain pertinent information about all persons subject to active orders), Government Code, available to the person and authorizes the person making the arrest or the person having custody to use a form adopted by the Office of Court Administration of the Texas Judicial System under Section 72.039 (Protective Order Applications, Forms, and Materials), Government Code, for this purpose. Provides that the failure to provide the necessary information to the magistrate does not negate the magistrate's authority or duty to issue an order for emergency protection under this article.
SECTION 4. Makes application of this Act prospective.
SECTION 5. Effective date: September 1, 2025.