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Texas Code of Criminal Procedure - Article 17.291. Further Detention Of Certain Persons

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 17.291. Further Detention Of Certain Persons

Art. 17.291. FURTHER DETENTION OF CERTAIN PERSONS.  (a) In 
this article:     
	(1)  "family violence" has the meaning assigned to that 
phrase by Section 71.004, Family Code;  and
	(2)  "magistrate" has the meaning assigned to it by Article 
2.09 of this code.
	(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 may hold the person for a 
period of not more than 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:
	(A)  on more than one occasion for an offense involving 
family violence;  or 
	(B)  for any other offense, if a deadly weapon, as defined by 
Section 1.07, Penal Code, was used or exhibited during commission 
of the offense or during immediate flight after commission of the 
offense.

Added by Acts 1991, 72nd Leg., ch. 552, Sec. 2, eff. June 16, 1991.  
Amended by Acts 1999, 76th Leg., ch. 1341, Sec. 1, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(f), eff. Sept. 1, 
2003.

Last modified: August 10, 2007