Texas House Bill HB2492

Texas 2025 - 89th Regular

• Filed: 2/5/25
• Out of House Committee: 4/29/25
• Voted on by House: 5/7/25
• Out of Senate Committee: 5/21/25
• Voted on by Senate: 5/23/25
• Governor Action: 6/20/25

Caption

Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.

Impact

The implications of HB2492 are significant, as it modifies how family violence-related arrests are handled, particularly in addressing the potential for further violent behavior upon release. The bill's passage is intended to enhance protection for victims by allowing for a structured approach to dealing with suspects, particularly those with past instances of family violence or serious offenses. The law highlights a proactive stance in the criminal justice system towards managing suspected domestic violence scenarios.

Summary

House Bill 2492 amends the Code of Criminal Procedure to allow for an extension of the detention period for individuals arrested for certain family violence crimes after bond has been posted. Under the bill, law enforcement can hold such individuals for up to four hours post-bond, with the possibility of extending this period up to an additional 48 hours if deemed necessary by a magistrate. This change seeks to prevent escalation of violence by ensuring that individuals with a history or potential for repeated offenses can be monitored longer before release.

Sentiment

Generally, discussions surrounding HB2492 reveal mixed sentiments. Proponents argue that the bill is a necessary step in defending against family violence and ensuring that law enforcement has the tools needed to prevent further incidents. However, some critics express concerns over potential abuse of the extended detention powers and the impact it could have on individual rights. The debate underscores the complexity of balancing public safety with due process rights.

Contention

Notable points of contention include discussions on the potential for misuse of the law in a way that could result in unwarranted detention of individuals. Critics of the bill raise alarms about the risk of unnecessarily extended periods of detention without sufficient due process safeguards. These concerns highlight the tension between safety measures for victims of family violence and the rights of accused individuals, presenting challenges in the application of the law while ensuring both victim protection and fairness in treatment.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 291
  • Section: 291
  • Section: 291
  • Section: 291
  • Section: 291
  • Section: 291
  • Section: 291