jail hold of up to 7 days after bond

The text as introduced · 584 words

89R6322 CJD-D

By: Bumgarner
H.B. No. 2209

A BILL TO BE ENTITLED

AN ACT

relating to the period for which a person arrested for certain

crimes committed against a child may be held after bond is posted.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Athena Strand Act.

SECTION 2. Article 17.291, Code of Criminal Procedure, is

amended to read as follows:

Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS. (a) In

this article:

(1) "Child" means a person younger than 18 years of

age.

(2) "Family violence" has the meaning assigned by

Section 71.004, Family Code.

(3) [ (2) ] "Magistrate" has the meaning assigned by

Article 2A.151.

(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 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

released; and

(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

involving family violence; [ or ]

(B) for an [ any other ] offense in which [ , 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 commission of the offense ; or

(C) for an offense involving the sexual assault

of or resulting in serious bodily injury to a child .

(c) Article 17.29 does not apply when a person has been

arrested for an offense resulting in the death of or serious bodily

injury to a child if there is probable cause to believe the person

will cause harm to any person if immediately released. The head of

the agency with custody of the person shall, on the written

authorization of a magistrate who concludes that the person will

cause harm if released, hold the person for the period specified by

the magistrate. The detention period must be:

(1) not less than 48 hours and not more than 7 days

after bond has been posted; or

(2) not less than 48 hours and not more than 30 days

after bond has been posted, if the magistrate determines that the

person has confessed or admitted to committing the offense to a law

enforcement officer who is investigating the offense.

SECTION 3. The change in law made by this Act applies only

to a person arrested or otherwise taken into custody on or after the

effective date of this Act. A person arrested or taken into custody

before the effective date of this Act is governed by the law in

effect on the date the person was arrested or taken into custody,

and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.