S.B. No. 599




AN ACT

relating to the eligibility of a criminal defendant for release 
from jail after a delay in prosecution.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2, Article 17.151, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 2.  The provisions of this article do not apply to a 
defendant who is:  
		(1)  serving a sentence of imprisonment for another 
offense while the defendant [he] is serving that sentence;
		(2)  being detained pending trial of another accusation 
against the defendant [him] as to which the applicable period has 
not yet elapsed; [or]
		(3)  incompetent to stand trial, during the period of 
the defendant's [his] incompetence; or
		(4)  being detained for a violation of the conditions 
of a previous release related to the safety of a victim of the 
alleged offense or to the safety of the community under this 
article.
	SECTION 2.  Section 3, Article 17.151, Code of Criminal 
Procedure, is repealed.
	SECTION 3.  This Act applies only to a person who is arrested 
on or after the effective date of this Act, regardless of when the 
offense giving rise to the arrest was committed.  A person who is 
arrested before the effective date of this Act is governed by the 
law in effect at the time of the arrest, and the former law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.                           





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 599 passed the Senate on 
April 7, 2005, by the following vote:  Yeas 25, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 599 passed the House on 
May 10, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor