SRC-JJJ H.B. 577 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 577
By: Giddings (Nelson)
Criminal Justice
5/11/1999
Engrossed


DIGEST 

Currently, Texas law allows a family violence suspect to be detained by a
magistrate for 24 hours after bond is posted, in order to help insure the
victim's safety.  H.B. 577 would establish conditions regarding the period
for which a person arrested or held without a warrant in the prevention of
family violence may be held after bond is posted. 

PURPOSE

As proposed, H.B. 577 establishes conditions regarding the period for which
a person arrested or held without a warrant in the prevention of family
violence may be held after bond is posted. 

RULEMAKING AUTHORITY

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, to
authorize a detention period to be extended for an additional period not to
exceed 48 hours, but only if authorized in writing directed to the person
having custody of the detained person by a magistrate who, after having
conducted an evidentiary hearing, concludes that the violence would
continue and that there is probable cause to believe that the person
committed an offense.  Deletes text regarding detention exceeding 24 hours. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.