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.