An individual in Texas who is alleged to have committed a domestic assault may be taken into custody even if an officer does not have a warrant. As long as there is evidence that a crime has been committed or is threatened to be committed, the person may be taken into custody right away. In the event that someone makes a statement to a peace officer, that statement could be used as probable cause to take that person into custody.
If four proposals make it through the Texas legislature, family violence offenders will face increased penalties, including mandatory incarceration. One of the bills proposes the creation of a domestic violence registry for repeat domestic violence offenders. Patterned after the Texas Sex Offender Registration Program, a third family violence conviction would include mandatory registration as a family violence offender.Under the provisions of one of the bills, a third domestic assault charge would be elevated to a second-degree felony. The bill also imposes a two-year minimum if a court sentences the offender to prison. Parole would not be available until the person served at least half the prison sentence.