| 1 | 1 | | By: Bowers H.B. No. 2492 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the period for which a person arrested for certain |
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| 9 | 9 | | crimes involving family violence may be held after bond is posted. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 17.291(b), Code of Criminal Procedure, |
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| 12 | 12 | | is amended to read as follows: |
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| 13 | 13 | | (b) Article 17.29 does not apply when a person has been |
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| 14 | 14 | | arrested or held without a warrant in the prevention of family |
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| 15 | 15 | | violence if there is probable cause to believe the violence will |
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| 16 | 16 | | continue if the person is immediately released. The head of the |
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| 17 | 17 | | agency arresting or holding such a person shall [may] hold the |
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| 18 | 18 | | person for a period of [not more than] four hours after bond has |
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| 19 | 19 | | been posted. This detention period may be extended for an |
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| 20 | 20 | | additional period not to exceed 48 hours, but only if authorized in |
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| 21 | 21 | | a writing directed to the person having custody of the detained |
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| 22 | 22 | | person by a magistrate who concludes that: |
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| 23 | 23 | | (1) the violence would continue if the person is |
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| 24 | 24 | | released; and |
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| 25 | 25 | | (2) if the additional period exceeds 24 hours, |
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| 26 | 26 | | probable cause exists to believe that the person committed the |
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| 27 | 27 | | instant offense and that, during the 10-year period preceding the |
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| 28 | 28 | | date of the instant offense, the person has been arrested: |
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| 29 | 29 | | (A) on more than one occasion for an offense |
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| 30 | 30 | | involving family violence; or |
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| 31 | 31 | | (B) for any other offense, if a deadly weapon, as |
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| 32 | 32 | | defined by Section 1.07, Penal Code, was used or exhibited during |
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| 33 | 33 | | commission of the offense or during immediate flight after |
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| 34 | 34 | | commission of the offense. |
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| 35 | 35 | | SECTION 2. Article 17.291(b), Code of Criminal Procedure, |
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| 36 | 36 | | as amended by this Act, applies only to a person who is arrested on |
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| 37 | 37 | | or after the effective date of this Act. A person arrested before |
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| 38 | 38 | | the effective date of this Act is governed by the law in effect on |
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| 39 | 39 | | the date the person was arrested, and the former law is continued in |
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| 40 | 40 | | effect for that purpose. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2025. |
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