Article 14.01, CCP, is amended effective for offenses committed after 8/31/05, to permit warrantless arrests for an "offense involving family violence." Previously, the language limited the arrest to assault-family violence offenses.

Doesn't that mean an officer has broad new powers to arrest for any felony or misdemeanor that happens to involve a victim who has a family or dating relationship to the defendant? For example: sexual offenses against children, murder of a wife or child, injury to a child, etc.?

Given the continued expanding scope of Chapter 14, wouldn't it just be easier to make warrantless arrest authority equal in scope to the Fourth Amendment?

Short answer: Yes.

Addendum: Not only does it apply to non-assaults, but the dfn. of FV under FC 71.004 includes any act "that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault ...." That expansion seems very pro-active and gives officers great authority to arrest based on that PC.

It will be interesting to see what happens. The current authority (pre-08/31/05) under CCP 14.03 has its limits at an assualt resulting in bodily injury (which is a class A misdemeanor) to a family member or member of household. It did not cover class C assaults (by threat or by contact). With the new law under 14.03 (offenses involving family violence) I agree a new horizon is opened to peace officers' application and use of the new authority. With its broad-application potential will it backfire as too much authority for peace officers?

Conceivably, misdemeanor offenses such as harassment, terroristic threats, deadly conduct, and unlawful restraint join the mix of misdemeanor offenses "involving family violence's" definition. Additionally, assaults by threat and assaults by contact (not committed in the presence or view of the officer) are fair game, too. Where peace officers were previously limited in their ability to arrest for "family violence" offenses NOT committed in their presence or view, this new authority provides considerable new scope.

To your original post, I am curious how you think the new authority will impact the CRJ system. Potential for abuse by peace officers to simply make an arrest for claims to asault by threat or assault by contact?? Too much authority with too little burden (probable cause)??