79R12713 PEP-D


By:  Gattis, Hopson                                               H.B. No. 1662

Substitute the following for H.B. No. 1662:                                   

By:  Keel                                                     C.S.H.B. No. 1662



A BILL TO BE ENTITLED

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 under this article if those conditions 
related to the safety of a victim of the alleged offense or to the 
safety of the community.
	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Procedure, is repealed.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.