BILL ANALYSIS S.B. 285 By: Brown (Talton) May 19, 1995 Committee Report (Unamended) BACKGROUND Victims of domestic violence may attempt to leave their abuser while he or she is detained as a result of an arrest for a domestic violence related assault. Currently, a person may be released immediately upon processing and posting of bail. As a result, this may not be ample time for the victim to make alternate living arrangements. PURPOSE As proposed, S.B. 285 authorizes detention of a person who was arrested for domestic violence to exceed the period following posting of bail. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.291(b), Code of Criminal Procedure, as follows: (b) Provides that 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 that the violence will continue if the person is immediately released. Authorizes the head of the arresting agency to detain the person for up to 24, rather than four, hours after the bond has been posted. Authorizes the detention of the person to be up to 48, rather than 24, hours with written order from a magistrate. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 285 was referred directly to the Assault Crimes Subcommittee, consisting of representatives Greenberg, Farrar, Pitts. SB 285 was considered by the subcommittee in a formal meeting on April 6, 1995. The bill was reported favorably without amendment. SB 285 was considered on subcommittee report by the full committee in a formal meeting on May 19, 1995. SB 285 was reported favorably without amendment, with the recommendation that it do pass and be printed by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.