By Bonnen                                             H.B. No. 1158
         77R3408 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to avoiding the release from jail of defendants detained
 1-3     for certain offenses because of delay in obtaining scientific
 1-4     testing results.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 1, Article 17.151, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           Sec. 1.  A defendant who is detained in jail pending trial of
 1-9     an accusation against him must be released either on personal bond
1-10     or by reducing the amount of bail required, if the state is not
1-11     ready for trial of the criminal action for which he is being
1-12     detained within:
1-13                 (1)  90 days from the commencement of the [his]
1-14     detention if the defendant [he] is accused of a felony, except that
1-15     the detention may be extended for an additional period not greater
1-16     than 90 days if:
1-17                       (A)  the defendant has been charged with the
1-18     commission of an offense listed in Section 3g(a)(1), Article 42.12;
1-19                       (B)  the state has requested scientific testing
1-20     of evidence that may implicate or exonerate the defendant in the
1-21     commission of the offense; and
1-22                       (C)  the results of the testing have not been
1-23     completed;
1-24                 (2)  30 days from the commencement of the [his]
 2-1     detention if the defendant [he] is accused of a misdemeanor
 2-2     punishable by a sentence of imprisonment in jail for more than 180
 2-3     days;
 2-4                 (3)  15 days from the commencement of the [his]
 2-5     detention if the defendant [he] is accused of a misdemeanor
 2-6     punishable by a sentence of imprisonment for 180 days or less; or
 2-7                 (4)  five days from the commencement of the [his]
 2-8     detention if the defendant [he] is accused of a misdemeanor
 2-9     punishable by a fine only.
2-10           SECTION 2. This Act takes effect September 1, 2001, and
2-11     applies only to a defendant arrested on or after the effective date
2-12     of this Act. A defendant arrested before the effective date of this
2-13     Act is governed by the law in effect when the defendant was
2-14     arrested, and the former law is continued in effect for that
2-15     purpose.