HBA-DMD C.S.H.B. 577 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 577
By: Giddings
Criminal Jurisprudence
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a family violence suspect can be detained by a
magistrate for 24 hours after a bond is posted, to help ensure the victim's
safety.  C.S.H.B. 577 extends from 24 to 48 hours the time that a
magistrate may detain a family violence suspect after a bond is obtained,
provided that the magistrate asserts in writing the conclusion that the
suspect would continue the violence if released and that there is probable
cause to believe that the person committed an offense. 

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 an offense. Deletes the provision stating that in
no case may such a period of detention exceed 24 hours. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Article
17.291(b), Code of Criminal Procedure), by including the conclusion of a
magistrate that there is probable cause to believe that the person
committed an offense of family violence as a condition that authorizes a
magistrate to extend the detention period of a person arrested. This
substitute makes conforming and nonsubstantive changes.