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, the official text

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.

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______________________________

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:

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Date

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Governor