88R7903 CJD-D
By: Stucky, Cook, Thimesch, Leach, et al. H.B. No. 1906
A BILL TO BE ENTITLED
AN ACT
relating to the period for which a person arrested for certain
crimes committed against a child may be held after bond is posted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Athena Strand Act.
SECTION 2. Article 17.291, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS. (a) In
this article:
(1) "Child" means a person younger than 18 years of
age.
(2) "Family ["family] violence" has the meaning
assigned to that phrase by Section 71.004, Family Code.
(3) "Magistrate" [; and
[(2) "magistrate"] has the meaning assigned to it by
Article 2.09 of this code.
(b) Article 17.29 does not apply when a person has been
arrested or held without a warrant in the prevention of family
violence if there is probable cause to believe the violence will
continue if the person is immediately released. The head of the
agency arresting or holding such a person may hold the person for a
period of not more than four hours after bond has been posted. This
detention period may be extended for an additional period not to
exceed 48 hours, but only if authorized in a writing directed to the
person having custody of the detained person by a magistrate who
concludes that:
(1) the violence would continue if the person is
released; and
(2) if the additional period exceeds 24 hours,
probable cause exists to believe that the person committed the
instant offense and that, during the 10-year period preceding the
date of the instant offense, the person has been arrested:
(A) on more than one occasion for an offense
involving family violence; [or]
(B) for an [any other] offense in which [, if] a
deadly weapon, as defined by Section 1.07, Penal Code, was used or
exhibited during commission of the offense or during immediate
flight after commission of the offense; or
(C) for an offense involving the sexual assault
of or resulting in serious bodily injury to a child.
(c) Article 17.29 does not apply when a person has been
arrested for an offense resulting in the death of or serious bodily
injury to a child if there is probable cause to believe the person
will cause harm to any person if immediately released. The head of
the agency with custody of the person shall, on the written
authorization of a magistrate who concludes that the person will
cause harm if released, hold the person for the period specified by
the magistrate. The detention period must be:
(1) not less than 48 hours and not more than 7 days
after bond has been posted; or
(2) not less than 48 hours and not more than 30 days
after bond has been posted, if the magistrate determines that the
person has confessed or admitted to committing the offense to a law
enforcement officer who is investigating the offense.
SECTION 3. The change in law made by this Act applies only
to a person arrested or otherwise taken into custody on or after the
effective date of this Act. A person arrested or taken into custody
before the effective date of this Act is governed by the law in
effect on the date the person was arrested or taken into custody,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.