By: Huffman S.B. No. 1896
(In the Senate - Filed March 4, 2025; March 17, 2025, read
first time and referred to Committee on Criminal Justice;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1896 By: Flores
A BILL TO BE ENTITLED
AN ACT
relating to the provision of information regarding an arrested
person and the victim of the offense to a magistrate for purposes of
an order for emergency protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06, Code of Criminal Procedure, is
amended by adding Subsection (a-1) to read as follows:
(a-1) On presentation of a person arrested for committing an
offense described by Article 17.292(a), the person making the
arrest or the person having custody, as applicable, shall 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. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.052 to read as follows:
Art. 15.052. ADDITIONAL INFORMATION FOR COMPLAINTS FOR
CERTAIN OFFENSES. (a) A person making a complaint alleging the
commission of an offense described by Article 17.292(a) shall
include the information necessary for the issuance of a
magistrate's order for emergency protection as provided by Article
17.292(d-3).
(b) The failure of a person making the complaint to provide
the information under Subsection (a) does not affect the
sufficiency of the complaint.
SECTION 3. Article 15.17, Code of Criminal Procedure, is
amended by adding Subsection (a-2) to read as follows:
(a-2) On presentation of a person arrested for committing an
offense described by Article 17.292(a), the person making the
arrest or the person having custody, as applicable, shall 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 4. Article 17.292, Code of Criminal Procedure, is
amended by adding Subsection (d-3) to read as follows:
(d-3) The person making the arrest or the person having
custody of the defendant shall provide to the magistrate any
information regarding the defendant that will aid the magistrate in
issuing an order for emergency protection under this article. To
the extent the information is available, the person making the
arrest or the person having custody shall provide information
regarding the victim of the offense to the magistrate to aid the
magistrate in issuing the order for emergency protection. The
person making the arrest or the person having custody, as
applicable, shall, at a minimum, provide any information described
by Section 411.042(b)(6), Government Code, available to the person
and may use a form adopted by the Office of Court Administration of
the Texas Judicial System under Section 72.039, Government Code,
for this purpose. 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 5. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.
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