| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 89R16164 JSC-F | |
| 1 | 2 | By: Huffman S.B. No. 1896 | |
| 2 | - | (In the Senate - Filed March 4, 2025; March 17, 2025, read | |
| 3 | - | first time and referred to Committee on Criminal Justice; | |
| 4 | - | April 16, 2025, reported adversely, with favorable Committee | |
| 5 | - | Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025, | |
| 6 | - | sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1896 By: Flores | |
| 9 | 3 | ||
| 10 | 4 | ||
| 11 | 5 | ||
| 12 | 6 | ||
| 13 | 7 | A BILL TO BE ENTITLED | |
| 14 | 8 | AN ACT | |
| 15 | 9 | relating to the provision of information regarding an arrested | |
| 16 | - | person | |
| 17 | - | ||
| 10 | + | person to a magistrate for purposes of an order of emergency | |
| 11 | + | protection. | |
| 18 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 19 | 13 | SECTION 1. Article 14.06, Code of Criminal Procedure, is | |
| 20 | 14 | amended by adding Subsection (a-1) to read as follows: | |
| 21 | 15 | (a-1) On presentation of a person arrested for committing an | |
| 22 | 16 | offense described by Article 17.292(a), the person making the | |
| 23 | 17 | arrest or the person having custody, as applicable, shall provide | |
| 24 | 18 | to the magistrate the information regarding the arrested person | |
| 25 | 19 | that is necessary for the issuance of a magistrate's order for | |
| 26 | 20 | emergency protection as provided by Article 17.292(d-3). | |
| 27 | - | SECTION 2. Chapter 15, Code of Criminal Procedure, is | |
| 28 | - | amended by adding Article 15.052 to read as follows: | |
| 29 | - | Art. 15.052. ADDITIONAL INFORMATION FOR COMPLAINTS FOR | |
| 30 | - | CERTAIN OFFENSES. (a) A person making a complaint alleging the | |
| 31 | - | commission of an offense described by Article 17.292(a) shall | |
| 32 | - | include the information necessary for the issuance of a | |
| 33 | - | magistrate's order for emergency protection as provided by Article | |
| 34 | - | 17.292(d-3). | |
| 35 | - | (b) The failure of a person making the complaint to provide | |
| 36 | - | the information under Subsection (a) does not affect the | |
| 37 | - | sufficiency of the complaint. | |
| 38 | - | SECTION 3. Article 15.17, Code of Criminal Procedure, is | |
| 21 | + | SECTION 2. Article 15.17, Code of Criminal Procedure, is | |
| 39 | 22 | amended by adding Subsection (a-2) to read as follows: | |
| 40 | 23 | (a-2) On presentation of a person arrested for committing an | |
| 41 | 24 | offense described by Article 17.292(a), the person making the | |
| 42 | 25 | arrest or the person having custody, as applicable, shall provide | |
| 43 | 26 | to the magistrate the information regarding the arrested person | |
| 44 | 27 | that is necessary for the issuance of a magistrate's order for | |
| 45 | 28 | emergency protection as provided by Article 17.292(d-3). | |
| 46 | - | SECTION | |
| 29 | + | SECTION 3. Article 17.292, Code of Criminal Procedure, is | |
| 47 | 30 | amended by adding Subsection (d-3) to read as follows: | |
| 48 | 31 | (d-3) The person making the arrest or the person having | |
| 49 | 32 | custody of the defendant shall provide to the magistrate any | |
| 50 | 33 | information regarding the defendant that will aid the magistrate in | |
| 51 | - | issuing an order for emergency protection under this article. To | |
| 52 | - | the extent the information is available, the person making the | |
| 53 | - | arrest or the person having custody shall provide information | |
| 54 | - | regarding the victim of the offense to the magistrate to aid the | |
| 55 | - | magistrate in issuing the order for emergency protection. The | |
| 34 | + | issuing an order for emergency protection under this article. The | |
| 56 | 35 | person making the arrest or the person having custody, as | |
| 57 | 36 | applicable, shall, at a minimum, provide any information described | |
| 58 | 37 | by Section 411.042(b)(6), Government Code, available to the person | |
| 59 | 38 | and may use a form adopted by the Office of Court Administration of | |
| 60 | 39 | the Texas Judicial System under Section 72.039, Government Code, | |
| 61 | 40 | for this purpose. The failure to provide the necessary information | |
| 62 | 41 | to the magistrate does not negate the magistrate's authority or | |
| 63 | 42 | duty to issue an order for emergency protection under this article. | |
| 64 | - | SECTION | |
| 43 | + | SECTION 4. The change in law made by this Act applies only | |
| 65 | 44 | to a person who is arrested on or after the effective date of this | |
| 66 | 45 | Act. A person arrested before the effective date of this Act is | |
| 67 | 46 | governed by the law in effect on the date the person was arrested, | |
| 68 | 47 | and the former law is continued in effect for that purpose. | |
| 69 | - | SECTION 6. This Act takes effect September 1, 2025. | |
| 70 | - | * * * * * | |
| 48 | + | SECTION 5. This Act takes effect September 1, 2025. |