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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for which a person arrested for certain |
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crimes committed against a child may be held after bond is posted. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Athena Strand Act. |
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SECTION 2. Article 17.291, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS. (a) In |
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this article: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Family ["family] violence" has the meaning |
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assigned to that phrase by Section 71.004, Family Code. |
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(3) "Magistrate" [; and |
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[(2) "magistrate"] has the meaning assigned to it by |
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Article 2.09 of this code. |
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(b) Article 17.29 does not apply when a person has been |
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arrested or held without a warrant in the prevention of family |
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violence if there is probable cause to believe the violence will |
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continue if the person is immediately released. The head of the |
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agency arresting or holding such a person may hold the person for a |
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period of not more than four hours after bond has been posted. This |
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detention period may be extended for an additional period not to |
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exceed 48 hours, but only if authorized in a writing directed to the |
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person having custody of the detained person by a magistrate who |
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concludes that: |
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(1) the violence would continue if the person is |
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released; and |
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(2) if the additional period exceeds 24 hours, |
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probable cause exists to believe that the person committed the |
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instant offense and that, during the 10-year period preceding the |
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date of the instant offense, the person has been arrested: |
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(A) on more than one occasion for an offense |
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involving family violence; [or] |
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(B) for an [any other] offense in which [, if] a |
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deadly weapon, as defined by Section 1.07, Penal Code, was used or |
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exhibited during commission of the offense or during immediate |
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flight after commission of the offense; or |
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(C) for an offense involving the sexual assault |
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of or resulting in serious bodily injury to a child. |
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(c) Article 17.29 does not apply when a person has been |
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arrested for an offense resulting in the death of or serious bodily |
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injury to a child if there is probable cause to believe the person |
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will cause harm to any person if immediately released. The head of |
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the agency with custody of the person shall, on the written |
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authorization of a magistrate who concludes that the person will |
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cause harm if released, hold the person for the period specified by |
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the magistrate. The detention period must be: |
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(1) not less than 48 hours and not more than 7 days |
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after bond has been posted; or |
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(2) not less than 48 hours and not more than 30 days |
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after bond has been posted, if the magistrate determines that the |
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person has confessed or admitted to committing the offense to a law |
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enforcement officer who is investigating the offense. |
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SECTION 3. The change in law made by this Act applies only |
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to a person arrested or otherwise taken into custody on or after the |
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effective date of this Act. A person arrested or taken into custody |
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before the effective date of this Act is governed by the law in |
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effect on the date the person was arrested or taken into custody, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |