Texas House Bill HB2209

Texas 2025 - 89th Regular

• Filed: 1/29/25

Caption

Relating to the period for which a person arrested for certain crimes committed against a child may be held after bond is posted.

Impact

The legislation extends the detention period after bond has been posted when there's probable cause to believe that releasing the individual may lead to further harm, especially in cases of family violence. It introduces conditions under which law enforcement can detain such individuals for a minimum of 48 hours up to a maximum of 30 days post-bond, depending on the specifics of the charges against them. This change aims to enhance the protection of vulnerable victims, particularly children, who may be at risk from their offenders.

Summary

House Bill 2209, known as the Athena Strand Act, addresses the regulations surrounding the detention of individuals arrested for certain crimes against children. Specifically, the bill alters the period for which a person may be held after posting bond. It emphasizes the situation where the individual poses a continual threat of violence, allowing for extended detention based on the nature of the offense, particularly in cases involving family violence or serious bodily injury to a child.

Contention

While proponents of HB2209 laud it as a necessary measure to safeguard children from potential harm, critics may argue that it could infringe on the rights of the accused, particularly regarding due process and the presumption of innocence. The bill's allowances for extended detentions reflect a growing concern about child safety and the need for law enforcement to prevent repeat offenses. As such, discussions surrounding the bill may focus on balancing the need for community safety with rights to fair treatment under the law.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 291

Family Code

• Chapter 71. Definitions
  • Section: New Section