Texas 2023 - 88th Regular

Texas House Bill HB1906 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7903 CJD-D
2	2	By: Stucky, Cook, Thimesch, Leach, et al. H.B. No. 1906
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5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the period for which a person arrested for certain
8	8	crimes committed against a child may be held after bond is posted.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the Athena Strand Act.
11	11	SECTION 2. Article 17.291, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS. (a) In
14	14	this article:
15	15	(1) "Child" means a person younger than 18 years of
16	16	age.
17	17	(2) "Family ["family] violence" has the meaning
18	18	assigned to that phrase by Section 71.004, Family Code.
19	19	(3) "Magistrate" [; and
20	20	[(2) "magistrate"] has the meaning assigned to it by
21	21	Article 2.09 of this code.
22	22	(b) Article 17.29 does not apply when a person has been
23	23	arrested or held without a warrant in the prevention of family
24	24	violence if there is probable cause to believe the violence will
25	25	continue if the person is immediately released. The head of the
26	26	agency arresting or holding such a person may hold the person for a
27	27	period of not more than four hours after bond has been posted. This
28	28	detention period may be extended for an additional period not to
29	29	exceed 48 hours, but only if authorized in a writing directed to the
30	30	person having custody of the detained person by a magistrate who
31	31	concludes that:
32	32	(1) the violence would continue if the person is
33	33	released; and
34	34	(2) if the additional period exceeds 24 hours,
35	35	probable cause exists to believe that the person committed the
36	36	instant offense and that, during the 10-year period preceding the
37	37	date of the instant offense, the person has been arrested:
38	38	(A) on more than one occasion for an offense
39	39	involving family violence; [or]
40	40	(B) for an [any other] offense in which [, if] a
41	41	deadly weapon, as defined by Section 1.07, Penal Code, was used or
42	42	exhibited during commission of the offense or during immediate
43	43	flight after commission of the offense; or
44	44	(C) for an offense involving the sexual assault
45	45	of or resulting in serious bodily injury to a child.
46	46	(c) Article 17.29 does not apply when a person has been
47	47	arrested for an offense resulting in the death of or serious bodily
48	48	injury to a child if there is probable cause to believe the person
49	49	will cause harm to any person if immediately released. The head of
50	50	the agency with custody of the person shall, on the written
51	51	authorization of a magistrate who concludes that the person will
52	52	cause harm if released, hold the person for the period specified by
53	53	the magistrate. The detention period must be:
54	54	(1) not less than 48 hours and not more than 7 days
55	55	after bond has been posted; or
56	56	(2) not less than 48 hours and not more than 30 days
57	57	after bond has been posted, if the magistrate determines that the
58	58	person has confessed or admitted to committing the offense to a law
59	59	enforcement officer who is investigating the offense.
60	60	SECTION 3. The change in law made by this Act applies only
61	61	to a person arrested or otherwise taken into custody on or after the
62	62	effective date of this Act. A person arrested or taken into custody
63	63	before the effective date of this Act is governed by the law in
64	64	effect on the date the person was arrested or taken into custody,
65	65	and the former law is continued in effect for that purpose.
66	66	SECTION 4. This Act takes effect September 1, 2023.