By: Bowers H.B. No. 2492
A BILL TO BE ENTITLED
AN ACT
relating to the period for which a person arrested for certain
crimes involving family violence may be held after bond is posted.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.291(b), Code of Criminal Procedure,
is amended to read as follows:
(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 shall [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 any other offense, 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.
SECTION 2. Article 17.291(b), Code of Criminal Procedure,
as amended by this Act, applies only to a person who is arrested on
or after the effective date of this Act. A person arrested before
the effective date of this Act is governed by the law in effect on
the date the person was arrested, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.