Tex.
Code of Crim. Proc. Article 17.29
Accused Liberated
(a)
When the accused has given the required bond, either to the magistrate or the officer having him in custody, he shall at once be set at liberty.(b)
Before releasing on bail a person arrested for an offense under Section 42.072 (Stalking), Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim’s or person’s last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person.(c)
A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article.(d)
In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(a)
In this article:(1)
“family violence” has the meaning assigned to that phrase by Section 71.004 (Family Violence), Family Code; and(2)
“magistrate” has the meaning assigned to it by Article 2.09 (Who Are Magistrates) of this code.(a)
In this article:(1)
“Family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(2)
“Magistrate” has the meaning assigned by Article 2A.151 (Types of Magistrates).(b)
Article 17.29 (Accused Liberated) 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 (Definitions), Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense.(b)
Before releasing on bail a person arrested for an offense under Section 42.072 (Stalking), Penal Code, or a person arrested or held without warrant in the prevention of family violence, the law enforcement agency holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the alleged offense or to another person designated by the victim to receive the notice. An attempt by an agency to give notice to the victim or the person designated by the victim at the victim’s or person’s last known telephone number or address, as shown on the records of the agency, constitutes a reasonable attempt to give notice under this subsection. If possible, the arresting officer shall collect the address and telephone number of the victim at the time the arrest is made and shall communicate that information to the agency holding the person.(c)
A law enforcement agency or an employee of a law enforcement agency is not liable for damages arising from complying or failing to comply with Subsection (b) of this article.(d)
In this article, “family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(a)
In this article:(1)
“family violence” has the meaning assigned to that phrase by Section 71.004 (Family Violence), Family Code; and(2)
“magistrate” has the meaning assigned to it by Article 2.09 (Who Are Magistrates) of this code.(a)
In this article:(1)
“Family violence” has the meaning assigned by Section 71.004 (Family Violence), Family Code.(2)
“Magistrate” has the meaning assigned by Article 2A.151 (Types of Magistrates).(b)
Article 17.29 (Accused Liberated) 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 (Definitions), Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense.
Source:
Article 17.29 — Accused Liberated, https://statutes.capitol.texas.gov/Docs/CR/htm/CR.17-COPY.htm#17.29 (accessed Jun. 5, 2024).
