The bill, S.B. No. 1896, amends the Code of Criminal Procedure to enhance the process of providing information regarding arrested individuals to magistrates for the issuance of emergency protection orders. Specifically, it introduces new subsections (a-1) and (a-2) to Articles 14.06 and 15.17, respectively, which require the arresting officer or the custodian of the arrested person to supply necessary information to the magistrate when presenting an individual arrested for offenses outlined in Article 17.292(a). Additionally, a new subsection (d-3) is added to Article 17.292, mandating that the arresting officer or custodian provide any relevant information that would assist the magistrate in issuing an emergency protection order, including specific details as described in Section 411.042(b)(6) of the Government Code.
The bill also clarifies that the failure to provide this information does not diminish the magistrate's authority or obligation to issue an emergency protection order. The changes will apply only to individuals arrested on or after the effective date of the Act, which is set for September 1, 2025, ensuring that those arrested prior to this date will be governed by the existing laws.