Tex. Code of Criminal Procedure § 17.291
This is the official text of Tex. Code of Criminal Procedure § 17.291, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 17.291. FURTHER DETENTION OF CERTAIN PERSONS.
Official statutory text
(a) In this article:
(1) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(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 shall hold the person for a period of 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, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense.
(1) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(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 shall hold the person for a period of 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, Penal Code, was used or exhibited during commission of the offense or during immediate flight after commission of the offense.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.