Bill Text: TX HB3032 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to periods of detention following arrest and increasing the criminal penalties for violation of certain court orders and conditions of bond.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-11 - Left pending in committee [HB3032 Detail]
Download: Texas-2023-HB3032-Introduced.html
88R8820 JSC-D | ||
By: Landgraf | H.B. No. 3032 |
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relating to periods of detention following arrest and increasing | ||
the criminal penalties for violation of certain court orders and | ||
conditions of bond. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.291, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (c) to | ||
read as follows: | ||
(b) Subject to Subsection (c), Article 17.29 does not apply | ||
when a person has been arrested or held without a warrant in the | ||
prevention of family violence if there is probable cause to believe | ||
the violence will continue if the person is immediately released. | ||
The head of the agency arresting or holding such a person may hold | ||
the person for a period of not more than four hours after bond has | ||
been posted. This detention period may be extended for an | ||
additional period not to exceed 48 hours, but only if authorized in | ||
a writing directed to the person having custody of the detained | ||
person by a magistrate who concludes that: | ||
(1) the violence would continue if the person is | ||
released; and | ||
(2) if the additional period exceeds 24 hours, | ||
probable cause exists to believe that the person committed the | ||
instant offense and that, during the 10-year period preceding the | ||
date of the instant offense, the person has been arrested: | ||
(A) on more than one occasion for an offense | ||
involving family violence; or | ||
(B) for any other offense, if a deadly weapon, as | ||
defined by Section 1.07, Penal Code, was used or exhibited during | ||
commission of the offense or during immediate flight after | ||
commission of the offense. | ||
(c) Article 17.29 does not apply to a person who has been | ||
arrested for an offense under Section 25.07 or 25.072, Penal Code. | ||
The head of the agency with custody of the person shall hold the | ||
person for a minimum of 72 hours, regardless of whether bond has | ||
been posted. | ||
SECTION 2. Section 25.07(g), Penal Code, is amended to read | ||
as follows: | ||
(g) An offense under this section is [ |
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SECTION 3. Section 25.072(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section is a felony of the second | ||
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SECTION 4. Section 164.057(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board shall suspend a physician's license on proof | ||
that the physician has been: | ||
(1) initially convicted of: | ||
(A) a felony; | ||
(B) a misdemeanor under Chapter 22, Penal Code, | ||
other than a misdemeanor punishable by fine only; | ||
(C) a misdemeanor on conviction of which a | ||
defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(D) [ |
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Code; or | ||
(2) subject to an initial finding by the trier of fact | ||
of guilt of a felony under: | ||
(A) Chapter 481 or 483, Health and Safety Code; | ||
(B) Section 485.033, Health and Safety Code; or | ||
(C) the Comprehensive Drug Abuse Prevention and | ||
Control Act of 1970 (21 U.S.C. Section 801 et seq.). | ||
SECTION 5. Section 201.5065(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The board shall suspend a chiropractor's license on | ||
proof that the chiropractor has been: | ||
(1) initially convicted of: | ||
(A) a felony; | ||
(B) a misdemeanor under Chapter 22, Penal Code, | ||
other than a misdemeanor punishable by fine only; | ||
(C) a misdemeanor on conviction of which a | ||
defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(D) [ |
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Code; or | ||
(2) subject to an initial finding by the trier of fact | ||
of guilt of a felony under: | ||
(A) Chapter 481 or 483, Health and Safety Code; | ||
(B) Section 485.033, Health and Safety Code; or | ||
(C) the Comprehensive Drug Abuse Prevention and | ||
Control Act of 1970 (21 U.S.C. Section 801 et seq.). | ||
SECTION 6. Section 263.006(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The board shall suspend a license holder's license | ||
issued under this subtitle on proof that the person has been: | ||
(1) initially convicted of: | ||
(A) a felony; | ||
(B) a misdemeanor under Chapter 22, Penal Code, | ||
other than a misdemeanor punishable by fine only; | ||
(C) a misdemeanor on conviction of which a | ||
defendant is required to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(D) [ |
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[ |
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Code; or | ||
(2) subject to an initial finding by the trier of fact | ||
of guilt of a felony under: | ||
(A) Chapter 481 or 483, Health and Safety Code; | ||
(B) Section 485.033, Health and Safety Code; or | ||
(C) the Comprehensive Drug Abuse Prevention and | ||
Control Act of 1970 (21 U.S.C. Section 801 et seq.). | ||
SECTION 7. Section 25.07(h), Penal Code, is repealed. | ||
SECTION 8. Article 17.291, Code of Criminal Procedure, as | ||
amended 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 9. Sections 25.07 and 25.072, Penal Code, as | ||
amended by this Act, and Sections 164.057, 201.5065, and 263.006, | ||
Occupations Code, as amended by this Act, apply only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect when the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 10. This Act takes effect September 1, 2023. |