Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.
ModeratePlan for compliance
Low Cost
Effective:2025-06-20
Enforcing Agencies
Local Law Enforcement Agencies (Police Departments, Sheriff's Offices) • Magistrates
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 20, 2025 (Effective immediately due to supermajority vote).
Compliance Deadline: June 20, 2025. Protocols must be active for any arrest occurring on or after this date.
Agency Rulemaking: No state-level rulemaking is required. However, local Magistrates and Sheriff’s Offices will issue standing orders regarding the definition of "probable cause" in these scenarios. Expect variance between counties until standardized.
Immediate Action Plan
1.Issue a "Stop-Release" Memo: Instruct all release officers that effective June 20, 2025, family violence bonds trigger a mandatory 4-hour hold if risk is documented.
2.Update Timestamps: Ensure your booking system records "Time Bond Posted" distinct from "Time Eligible for Release."
3.Notify Liability Carriers: Inform your insurance provider of the change in duty from discretionary to mandatory, as this increases exposure to "Negligence Per Se" claims.
4.Revise Bond Scripts: Provide bail agents with new scripts to manage family/co-signer expectations regarding the 4-hour delay.
Operational Changes Required
Contracts
Bail Bond Agreements: Update client intake forms and indemnity agreements. Clauses promising "immediate release" upon posting bond must be revised to reflect the statutory four-hour delay for family violence charges.
Private Detention SLAs: Operators managing jails for municipalities must review Service Level Agreements (SLAs). If your contract penalizes you for "processing delays" or "overcrowding," you must secure a waiver for delays caused by this statutory hold.
Hiring/Training
Release Officers: Staff with release authority must be retrained immediately. They no longer have the discretion to release a family violence suspect immediately after bond is posted if the file indicates a risk of continued violence.
Intake Screening: Intake staff must be trained to flag files where the arresting officer has indicated "probable cause for continued violence." This flag must trigger a hard-stop in the release workflow.
Reporting & Record-Keeping
Jail Management Software (JMS): IT departments must configure a mandatory "Administrative Lock" on detainee profiles that triggers automatically when the offense code relates to family violence. This lock should expire exactly four hours after the "Bond Posted" timestamp.
The "Probable Cause" Log: You must document *who* made the determination that violence would continue (e.g., "Arresting Officer determination per probable cause affidavit"). Without this specific data point, holding the individual could result in unlawful detention liability; releasing them could result in negligence per se.
Fees & Costs
Operational Costs: Minimal direct cost increases. However, fractional increases in "bed hours" may impact staffing ratios in holding cells/intake areas during peak arrest times (weekends/holidays).
Strategic Ambiguities & Considerations
The "Probable Cause" Determination:
The statute mandates the hold "if there is probable cause to believe the violence will continue." It does not explicitly state *who* makes this finding—the arresting officer, the magistrate, or the detention facility.
Risk: If an arresting officer fails to note this risk, and the facility releases the suspect who then commits violence, the facility may be sued for failing to independently assess the risk.
Guidance: Until case law clarifies, private operators should require a written "Risk Assessment" field from the arresting agency upon transfer of custody. If the field is blank, demand clarification before processing the release.
Need Help Understanding Implementation?
Our government affairs experts can walk you through this bill's specific impact on your operations.
Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
Under current state law, the head of an arresting agency has discretionary authority to hold a person arrested for family violence for up to four hours after bond has been posted if there is probable cause to believe the violence will continue upon immediate release. The bill author has informed the committee that despite this protective provision, implementation varies across jurisdictions, potentially leaving victims vulnerable during the critical period immediately following an alleged abuser's release, with statistics demonstrating that the time immediately following an arrest is often the most dangerous for victims of family violence. H.B. 2492 seeks to strengthen protections for family violence victims and create a consistent cooling-off period statewide that ensures victims have time to implement safety plans by changing the current discretionary authority to a mandatory requirement that law enforcement hold individuals arrested for family violence for four hours after bond is posted when there is probable cause to believe violence will continue.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2492 amends the Code of Criminal Procedure to replace the authorization for the head of an agency arresting or holding a person without a warrant in the prevention of family violence to hold the person for a maximum four-hour period after bond has been posted if there is probable cause to believe the violence will continue if the person is immediately released with a requirement for that agency head to hold such a person under those circumstances for a period of four hours after bond has been posted.
H.B. 2492 applies only to a person who is arrested on or after the bill's effective date. A person arrested before the bill's effective date is governed by the law in effect on the date the person was arrested, and the former law is continued in effect for that purpose.
Honorable John T. Smithee, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB2492 by Bowers (Relating to the period for which a person arrested for certain crimes involving family violence may be held after bond is posted.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any costs associated with the bill could be absorbed using existing resources.
Local Government Impact
There could be an impact on units of local government as a result of the bill's requirement that a person who has been arrested or held without a warrant in the prevention of family violence be held for four hours after bond has been posted if there is probable cause to believe the violence will continue if the person is immediately released.
Source Agencies:
LBB Staff:
JMc, MGol, CMA
Related Legislation
Explore more bills from this author and on related topics
HB2492 converts the post-bond detention period for family violence arrests from a discretionary authority ("may hold") to a statutory mandate ("shall hold"). Private correctional facilities and bonding agents must immediately enforce a mandatory four-hour detention period after bond is posted if probable cause exists that violence will continue, removing previous operational flexibility to release detainees early. Implementation Timeline Effective Date: June 20, 2025 (Effective immediately due to supermajority vote).
Q
Who authored HB2492?
HB2492 was authored by Texas Representative Rhetta Bowers during the Regular Session.
Q
When was HB2492 signed into law?
HB2492 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce HB2492?
HB2492 is enforced by Local Law Enforcement Agencies (Police Departments, Sheriff's Offices) and Magistrates.
Q
How urgent is compliance with HB2492?
The compliance urgency for HB2492 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB2492?
The cost impact of HB2492 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB2492 address?
HB2492 addresses topics including criminal procedure, criminal procedure--bail & pretrial release, family, family--family violence and law enforcement.
Legislative data provided by LegiScanLast updated: November 25, 2025
Need Strategic Guidance on This Bill?
Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.
