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AN ACT
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relating to the period for which a person arrested for certain |
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crimes involving family violence may be held after bond is posted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.291(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) Article 17.29 does not apply when a person has been |
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arrested or held without a warrant in the prevention of family |
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violence if there is probable cause to believe the violence will |
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continue if the person is immediately released. The head of the |
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agency arresting or holding such a person shall [may] hold the |
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person for a period of [not more than] four hours after bond has |
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been posted. This detention period may be extended for an |
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additional period not to exceed 48 hours, but only if authorized in |
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a writing directed to the person having custody of the detained |
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person by a magistrate who concludes that: |
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(1) the violence would continue if the person is |
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released; and |
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(2) if the additional period exceeds 24 hours, |
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probable cause exists to believe that the person committed the |
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instant offense and that, during the 10-year period preceding the |
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date of the instant offense, the person has been arrested: |
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(A) on more than one occasion for an offense |
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involving family violence; or |
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(B) for any other offense, if a deadly weapon, as |
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defined by Section 1.07, Penal Code, was used or exhibited during |
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commission of the offense or during immediate flight after |
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commission of the offense. |
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SECTION 2. Article 17.291(b), Code of Criminal Procedure, |
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as amended by this Act, applies only to a person who is arrested on |
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or after the effective date of this Act. A person arrested before |
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the effective date of this Act is governed by the law in effect on |
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the date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2492 was passed by the House on May 7, |
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2025, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2492 was passed by the Senate on May |
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23, 2025, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |