H.B. No. 2492 amends Article 17.291(b) of the Code of Criminal Procedure to establish new guidelines for the detention of individuals arrested for certain crimes involving family violence after bond has been posted. The bill specifies that the head of the agency arresting or holding such a person "shall" hold them for a period of four hours after bond is posted, a change from the previous language which allowed for discretion ("may"). Additionally, the bill allows for an extension of this detention period for up to 48 hours, contingent upon a magistrate's written authorization, provided there is probable cause to believe that the violence would continue if the person is released.
The provisions of this bill apply only to individuals arrested on or after its effective date of September 1, 2025. Those arrested prior to this date will be governed by the existing law at the time of their arrest, ensuring that the former regulations remain in effect for those cases. This legislative change aims to enhance the safety of potential victims of family violence by allowing law enforcement to hold suspects longer under specific circumstances.