By Giddings H.B. No. 577
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the period for which a person arrested or held without
1-3 a warrant in the prevention of family violence may be held after
1-4 bond is posted.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 17.291(b), Code of Criminal Procedure, is
1-7 amended to read as follows:
1-8 (b) Article 17.29, Code of Criminal Procedure, does not
1-9 apply when a person has been arrested or held without a warrant in
1-10 the prevention of family violence if there is probable cause to
1-11 believe the violence will continue if the person is immediately
1-12 released. The head of the agency arresting or holding such a
1-13 person may hold the person for a period of not more than four hours
1-14 after bond has been posted. This detention period may be extended
1-15 for an additional period not to exceed 48 hours, but only if
1-16 authorized in a writing directed to the person having custody of
1-17 the detained person by a magistrate who, after having conducted an
1-18 evidentiary hearing, concludes that:
1-19 (1) the violence would continue if the person is
1-20 released; and
1-21 (2) if the additional period exceeds 24 hours, there
1-22 is probable cause to believe that the person committed an offense
1-23 [, but in no case may such a period of detention exceed 24 hours].
1-24 SECTION 2. The change in law made by this Act applies only
2-1 to a person whose period of detention begins on or after the
2-2 effective date of this Act. A person whose period of detention
2-3 begins before the effective date of this Act is covered by the law
2-4 in effect when the period of detention began, and the former law is
2-5 continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1999.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.