89R6322 CJD-D     By: Bumgarner H.B. No. 2209       A BILL TO BE ENTITLED   AN ACT   relating to the period for which a person arrested for certain   crimes committed against a child may be held after bond is posted.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Athena Strand Act.          SECTION 2.  Article 17.291, Code of Criminal Procedure, is   amended to read as follows:          Art. 17.291.  FURTHER DETENTION OF CERTAIN PERSONS. (a)  In   this article:                (1)  "Child" means a person younger than 18 years of   age.                (2)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (3) [(2)]  "Magistrate" has the meaning assigned by   Article 2A.151.          (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 an [any other] offense in which [, 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; or                      (C)  for an offense involving the sexual assault   of or resulting in serious bodily injury to a child.          (c)  Article 17.29 does not apply when a person has been   arrested for an offense resulting in the death of or serious bodily   injury to a child if there is probable cause to believe the person   will cause harm to any person if immediately released.  The head of   the agency with custody of the person shall, on the written   authorization of a magistrate who concludes that the person will   cause harm if released, hold the person for the period specified by   the magistrate. The detention period must be:                (1)  not less than 48 hours and not more than 7 days   after bond has been posted; or                (2)  not less than 48 hours and not more than 30 days   after bond has been posted, if the magistrate determines that the   person has confessed or admitted to committing the offense to a law   enforcement officer who is investigating the offense.          SECTION 3.  The change in law made by this Act applies only   to a person arrested or otherwise taken into custody on or after the   effective date of this Act.  A person arrested or taken into custody   before the effective date of this Act is governed by the law in   effect on the date the person was arrested or taken into custody,   and the former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.