1-1 By: Giddings (Senate Sponsor - Nelson) H.B. No. 577
1-2 (In the Senate - Received from the House April 30, 1999;
1-3 May 3, 1999, read first time and referred to Committee on Criminal
1-4 Justice; May 14, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 14, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 577 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the period for which a person arrested or held without
1-11 a warrant in the prevention of family violence may be held after
1-12 bond is posted.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Article 17.291(b), Code of Criminal Procedure, is
1-15 amended to read as follows:
1-16 (b) Article 17.29[, Code of Criminal Procedure,] does not
1-17 apply when a person has been arrested or held without a warrant in
1-18 the prevention of family violence if there is probable cause to
1-19 believe the violence will continue if the person is immediately
1-20 released. The head of the agency arresting or holding such a
1-21 person may hold the person for a period of not more than four hours
1-22 after bond has been posted. This detention period may be extended
1-23 for an additional period not to exceed 48 hours, but only if
1-24 authorized in a writing directed to the person having custody of
1-25 the detained person by a magistrate who concludes that:
1-26 (1) the violence would continue if the person is
1-27 released; and
1-28 (2) if the additional period exceeds 24 hours, there
1-29 is probable cause to believe that the person committed an offense
1-30 [, but in no case may such a period of detention exceed 24 hours].
1-31 SECTION 2. The change in law made by this Act applies only
1-32 to a person whose period of detention begins on or after the
1-33 effective date of this Act. A person whose period of detention
1-34 begins before the effective date of this Act is covered by the law
1-35 in effect when the period of detention began, and the former law is
1-36 continued in effect for that purpose.
1-37 SECTION 3. This Act takes effect September 1, 1999.
1-38 SECTION 4. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *