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 concludes that:
1-18 (1) the violence would continue if the person is
1-19 released; and
1-20 (2) if the additional period exceeds 24 hours,
1-21 probable cause exists to believe that the person committed the
1-22 instant offense and that, during the 10-year period preceding the
1-23 date of the instant offense, the person has been arrested:
1-24 (A) on more than one occasion for an offense
2-1 involving family violence; or
2-2 (B) for any other offense, if a deadly weapon,
2-3 as defined by Section 1.07, Penal Code, was used or exhibited
2-4 during commission of the offense or during immediate flight after
2-5 commission of the offense[, but in no case may such a period of
2-6 detention exceed 24 hours].
2-7 SECTION 2. The change in law made by this Act applies only
2-8 to a person whose period of detention begins on or after the
2-9 effective date of this Act. A person whose period of detention
2-10 begins before the effective date of this Act is covered by the law
2-11 in effect when the period of detention began, and the former law is
2-12 continued in effect for that purpose.
2-13 SECTION 3. This Act takes effect September 1, 1999.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 577 was passed by the House on April
29, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 577 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 577 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 577 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 577 on May 30, 1999, by
a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor