Texas Code of Criminal Procedure
§ 17.291 — FURTHER DETENTION OF CERTAIN PERSONS
CR § 17.291Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 17. BAIL
Statute text
View on source(a)In this article:
(1)"Family violence" has the meaning assigned by Section 71.004, Family Code.
(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 shall hold the person for a period of 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:
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Legislative history
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.015, eff. January 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 409 (H.B. 2492), Sec. 1, eff. September 1, 2025.