BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 599

                                                                                                                                          By: Staples

Criminal Justice

5/31/2005

                                                                                                                                              Enrolled

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Current law requires a defendant to be released on a reduced bond or a personal bond if the state is not ready for trial within 90 days of arrest in a felony case.  However, defendants who violate parole by committing additional offenses are guaranteed to be offered bond and the state does not have the ability to hold the defendant without bond until the time of the trial.  S.B. 599 allows for an exemption to the mandatory release of a defendant who is pending trial for violating a condition of the defendant's bond. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article 17.151, Code of Criminal Procedure, to specify that the provisions of this article do not apply to a defendant who is being detained for a violation of the conditions of a previous release under this article.  Makes nonsubstantive changes.

SECTION 2.  Repealer:  Section 3 (relating to an arrest for a violation of the conditions of a previous release), Article 17.151, Code of Criminal Procedure. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 2005.