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79R2382 KCR-D


By:  Riddle                                                       H.B. No. 85 



A BILL TO BE ENTITLED

AN ACT

relating to the release on bond of certain criminal defendants.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.03(b), Code of Criminal Procedure, is 
amended to read as follows:
	(b)  Only the court before whom the case is pending may 
release on personal bond a defendant who:
		(1)  is charged with an offense under the following 
sections of the Penal Code:
			(A)  Section 19.02 (Murder);                                          
			(B)  Section 19.03 (Capital Murder);                                  
			(C)  Section 19.04 (Manslaughter);                                    
			(D)  Section 19.05 (Criminally Negligent 
Homicide);                 
			(E) [(B)]  Section 20.04 (Aggravated Kidnapping);    
			(F) [(C)]  Section 22.021 (Aggravated Sexual 
Assault)[;
			[(D)  Section 22.03 (Deadly Assault on Law 
Enforcement or Corrections Officer, Member or Employee of Board of 
Pardons and Paroles, or Court Participant)];
			(G) [(E)]  Section 22.04 (Injury to a Child, 
Elderly Individual, or Disabled Individual);
			(H) [(F)]  Section 29.03 (Aggravated Robbery);       
			(I) [(G)]  Section 30.02 (Burglary);                 
			(J)  Section 49.08 (Intoxication Manslaughter);
or                   
			(K) [(H)]  Section 71.02 (Engaging in Organized 
Criminal Activity);
		(2)  is charged with a felony under Chapter 481, Health 
and Safety Code, or Section 485.032 [485.033], Health and Safety 
Code, punishable by imprisonment for a minimum term or by a maximum 
fine that is more than a minimum term or maximum fine for a first 
degree felony; or
		(3)  does not submit to testing for the presence of a 
controlled substance in the defendant's body as requested by the 
court or magistrate under Subsection (c) of this article or submits 
to testing and the test shows evidence of the presence of a 
controlled substance in the defendant's body.
	SECTION 2. The change in law made by this Act applies only to 
an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this section, an 
offense was committed before September 1, 2005, if any element of 
the offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.