Bill > HB2492

This bill modifies Article 17.291(b) of the Code of Criminal Procedure regarding the detention of individuals arrested for family violence. Currently, law enforcement may hold a person for up to four hours after bond is posted if there is probable cause to believe further violence could occur. The bill changes "may" to "shall", mandating that the arresting agency hold the person for four hours. Additionally, the bill allows for a potential extension of detention up to 48 hours, but only if a magistrate authorizes it in writing. For extensions beyond 24 hours, the magistrate must conclude that violence would continue and that the arrested person has a history of multiple family violence arrests or has previously used a deadly weapon during an offense within the past 10 years. The bill will apply only to persons arrested on or after its effective date of September 1, 2025, and does not retroactively affect those arrested before that date. This legislation aims to provide law enforcement and judicial authorities with more structured guidelines for detaining individuals accused of family violence to potentially prevent further incidents.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2492