SRC-JBJ S.B. 482 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 482
76R6018 KEL-DBy: Nelson
Criminal Justice
2/18/1999
As Filed


DIGEST 

Currently, Article 17.291, Code of Criminal Procedure, prohibits a person
arrested for a family violence matters from being detained for more than 24
hours.  The current length of detention may not be adequate to permit a
victim of family violence to seek a safe and secure environment.  S.B. 482
amends Article 17.291 to extend the detention of a person arrested for
family violence an additional 24 hours. 

PURPOSE

As proposed, S.B. 482 extends the detention of a person arrested for family
violence an additional 24 hours. 

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 detention of a person arrested or held without a warrant in the
prevention of family violence to be held for an additional period not to
exceed 48 hours, if permitted by the magistrate.  Authorizes the detention
only if the magistrate concludes the violence would continue and, if the
additional period exceeds 24 hours, there is probable cause to believe that
the person committed an offense.  Deletes a prohibition against a detention
exceeding 24 hours. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.