HBA-NMO, DMD H.B. 577 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 577 By: Giddings Criminal Jurisprudence 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, state law authorized a magistrate, to help ensure a victim's safety, to detain a family violence suspect for 24 hours after a bond was posted. H.B. 577 extends from 24 to 48 hours the time that a magistrate may detain a family violence suspect after the suspect posts bond, provided that the magistrate asserts in writing the conclusion that the violence would continue if the suspect is released. This bill also provides certain conditions that must exist if the additional detention period exceeds 24 hours. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 17.291(b), Code of Criminal Procedure, to authorize the detention period to be extended for an additional period not to exceed 48 hours, but only if authorized in a writing by a magistrate who concludes that the violence would continue if the person is released and if the additional period exceeds 24 hours, there is probable cause 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 on more than one occasion for an offense involving family violence, or for any other offense, if a deadly weapon was used or exhibited during the commission of the offense or during the immediate flight after the commission of the offense. Makes conforming changes. SECTION 2.Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.