HB 2492
AN ACT relating to the period for which a person arrested for certain
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies how law enforcement can detain individuals arrested for family violence. After bond is posted, the arresting agency can initially hold the person for four hours, with the possibility of extending detention up to 48 hours if a magistrate determines the person is likely to continue committing violence. The extended detention requires specific written authorization, especially if holding beyond 24 hours, and is based on the individual's prior arrest history for violent offenses or offenses involving deadly weapons.
Subject Areas
Bill Text
relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 17.291(b), Code of Criminal Procedure, (b) Article 17.29 does not apply when a person has been arrested or held without a warrant in the prevention of family violence if there is probable cause to believe the violence will continue if the person is immediately released. The head of the agency arresting or holding such a person shall [may] hold the person for a period of [not more than] four hours after bond has been posted. This detention period may be extended for an additional period not to exceed 48 hours, but only if authorized in a writing directed to the person having custody of the detained person by a magistrate who concludes that: (1) the violence would continue if the person is (2) if the additional period exceeds 24 hours, probable cause exists to believe that the person committed the instant offense and that, during the 10-year period preceding the date of the instant offense, the person has been arrested: (A) on more than one occasion for an offense (B) for any other offense, if a deadly weapon, as defined by Section 1.07, Penal Code, was used or exhibited during commission of the offense or during immediate flight after SECTION 2. Article 17.291(b), Code of Criminal Procedure, as amended by this Act, applies only to a person who is arrested on or after the effective date of this Act. A person arrested before the effective date of this Act is governed by the law in effect on the date the person was arrested, and the former law is continued in SECTION 3. This Act takes effect September 1, 2025.
Expert Lobbyists for This Bill
These lobbyists specialize in Law Enforcement and related subject areas.
Robert D. Miller
Haley Cornyn
Allen E. Blakemore
Michael J. Johnson
Vera Denise Rose
Gavin L. Massingill
Leslie Pardue
Fred Shannon
Sarah Hicks
Matthew Bentley
Bill History
Bill filed: AN ACT relating to the period for which a person arrested for certain
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