SB1896 - 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.

      S.B. No. 1896         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.               ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1896 passed the Senate on   April 24, 2025, by the following vote:  Yeas 30, Nays 1.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1896 passed the House on   May 28, 2025, by the following vote:  Yeas 140, Nays 0, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor