SB1896

Regular Session

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.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Magistrates/Judiciary • Law Enforcement Agencies • Office of Court Administration (regarding forms)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Strict application to arrests made or complaints filed on or after this date; no phase-in period).
Agency Rulemaking: The Office of Court Administration (OCA) is authorized to adopt a standardized form for this data submission. While the statute implies the form is optional, businesses should treat the OCA release (expected Summer 2025) as the mandatory standard for data field compliance.

Immediate Action Plan

Audit Data Fields: Immediately cross-reference current incident report templates against Government Code 411.042(b)(6) requirements.
Update SOPs: Revise Standard Operating Procedures to mandate the collection of victim contact and risk data *before* magistrate presentation or complaint filing.
Monitor OCA: Assign a compliance officer to track the Office of Court Administration website for the release of the standardized EPO data form.
Vendor Notification: Send formal notice to security contractors regarding the new data requirements effective September 1, 2025.

Operational Changes Required

Contracts

Master Service Agreements (MSAs) with private security vendors must be amended to explicitly require the collection of data defined in Gov. Code 411.042(b)(6) during detainment. Indemnification clauses should be updated to cover liability resulting from a magistrate's failure to issue an EPO caused by the vendor's failure to provide available information.

Hiring/Training

Security personnel, loss prevention officers, and private corrections staff must be trained that a "hand-off" to law enforcement or a magistrate is legally incomplete without the submission of the required victim and defendant risk data. Staff must be trained to ask for and record victim contact information safely during the initial incident response.

Reporting & Record-Keeping

Incident Management Software (IMS) and physical intake forms must be updated immediately. You must add dedicated fields for:

1. Defendant's full biographical data.
2. Victim's contact information and relationship to the defendant.
3. Specific risk factors (e.g., access to weapons, history of violence).

*Note: Reports must now explicitly document attempts to collect this information if it is unavailable, rather than leaving fields blank.*

Fees & Costs

There are no new statutory filing fees. Budget allocation is required for administrative costs associated with updating reporting software logic and retraining intake staff.

Strategic Ambiguities & Considerations

The statute requires the provision of information "to the extent the information is available." It does not define the standard of diligence required to obtain this information. This creates a liability gray zone where a security officer's failure to *ask* for victim details could be construed as negligence if an EPO is subsequently denied and harm occurs. Internal policy must define "reasonable attempt" to mitigate this risk.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsFamily Family--family Violence Law Enforcement Magistrates Protective Orders

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1896
89R16164 JSC-F	By: Huffman
	Criminal Justice
	4/11/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

After an arrest for certain offenses, a magistrate can issue an order of emergency protection for the victim and the victim's family or household members. The purpose of the magistrate's order is to prevent the defendant from inflicting further harm on the victim after the defendant is released.

S.B. 1896 requires a law enforcement officer to provide to the magistrate the relevant information regarding the arrested person that is necessary for the issuance of a magistrate's order for emergency protection. This information is the same information that the arresting officer's agency will ultimately be responsible for submitting to the Texas Crime Information Center database.

As proposed, S.B. 1896 amends current law relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 14.06, Code of Criminal Procedure, by adding Subsection (a-1), as follows:

(a-1) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a) (relating to an offense involving family violence or an offense involving certain provisions of the Penal Code), to 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. Amends Article 15.17, Code of Criminal Procedure, by adding Subsection (a-2), as follows:

(a-2) Requires a person making an arrest or a person having custody, as applicable, on presentation of the person arrested for committing an offense described by Article 17.292(a), to 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 3. Amends Article 17.292, Code of Criminal Procedure, by adding Subsection (d-3), as follows:

(d-3) Requires the person making the arrest or the person having custody of the defendant arrested for an offense involving family violence to provide to the magistrate any information regarding the defendant that will aid the magistrate in issuing an order for emergency protection under Article 17.292 (Magistrate's Order for Emergency Protections). Requires the person making the arrest or the person having custody, as applicable, at a minimum, to provide any information described by Section 411.042(b)(6) (relating to certain pertinent information about all persons subject to active orders), Government Code, available to the person and authorizes the person making the arrest or the person having custody to use a form adopted by the Office of Court Administration of the Texas Judicial System under Section 72.039 (Protective Order Applications, Forms, and Materials), Government Code, for this purpose. Provides that 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 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 2025.

Senate Authors

Sen. Joan HuffmanRepublican · Primary Author

House Sponsor

Rep. David CookRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 1896

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 14, 2025

TO:	Honorable Pete Flores, Chair, Senate Committee on Criminal Justice

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1896 by Huffman (Relating to the provision of information regarding an arrested person to a magistrate for purposes of an order of emergency protection.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council

LBB Staff:

JMc, MGol, NTh

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Frequently Asked Questions

Common questions about SB1896

What does Texas SB1896 do?

SB1896 mandates that any entity presenting an arrested person or filing a criminal complaint regarding family violence, stalking, or trafficking must now submit specific biographical and risk-assessment data to the magistrate to facilitate Emergency Protection Orders (EPOs). This requirement effectively prohibits "blind" custodial transfers and imposes new data collection duties on private security firms, private corrections contractors, and corporate security departments effective September 1, 2025. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Strict application to arrests made or complaints filed on or after this date; no phase-in period).

Who authored SB1896?

SB1896 was authored by Texas Senator Joan Huffman during the Regular Session.

When was SB1896 signed into law?

SB1896 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB1896?

SB1896 is enforced by Magistrates/Judiciary, Law Enforcement Agencies and Office of Court Administration (regarding forms).

How urgent is compliance with SB1896?

The compliance urgency for SB1896 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB1896?

The cost impact of SB1896 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB1896 address?

SB1896 addresses topics including family, family--family violence, law enforcement, magistrates and protective orders.

Legislative data provided by LegiScanLast updated: November 25, 2025

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