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.