This bill amends Code of Criminal Procedure Article 313(A)(2) to establish minimum holding periods for individuals charged with specific domestic abuse-related offenses. It allows for a contradictory bail hearing to be held within five days of a probable cause determination, where the court will decide on bail conditions or whether the defendant should be held without bail. Notably, the bill introduces a provision that permits a person charged with these offenses to be held without bail for a minimum of 48 hours and a maximum of 72 hours following the probable cause determination. This holding period is designed to run concurrently with existing timeframes outlined in Article 230.1.
Additionally, the bill emphasizes that the court must consider any factors indicating an increased risk to the victim when deciding on the holding period. These factors may include stalking, strangulation, or documented threats. The bill refers to this holding period as a "cooling off" period, aimed at providing protection for the victim. Overall, the legislation seeks to enhance the safety of victims of domestic abuse by ensuring that individuals charged with related offenses are held for a specified time before being released on bail.