H.B. No. 2492 amends Article 17.291(b) of the Code of Criminal Procedure to establish new regulations regarding the detention of individuals arrested for certain crimes involving family violence. The bill specifies that the head of the agency arresting or holding such a person "shall" hold the individual for a period of four hours after bond has been posted, replacing the previous language that allowed for discretion ("may"). Additionally, the bill allows for the detention period to be extended for up to 48 hours, contingent upon a magistrate's written authorization, which must confirm that the violence would continue if the person is released and that there is probable cause regarding the individual's past offenses.
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 laws in effect at the time of their arrest. The bill was passed unanimously in the House and with minimal opposition in the Senate, indicating strong legislative support for the changes aimed at enhancing the safety of potential victims of family violence.