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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a defendant when the state is not ready |
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for trial. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1, Article 17.151, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. A defendant who is detained in jail pending trial of |
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an accusation against the defendant [him] must be released either |
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on personal bond or by reducing the amount of bail required, if the |
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state is not ready for trial of the criminal action for which the |
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defendant [he] is being detained within: |
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(1) 60 [90] days from the commencement of the [his] |
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detention if the defendant [he] is accused of a felony; |
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(2) 10 [30] days from the commencement of the [his] |
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detention if the defendant [he] is accused of a misdemeanor |
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punishable by a sentence of imprisonment in jail for more than 180 |
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days; |
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(3) five [15] days from the commencement of the [his] |
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detention if the defendant [he] is accused of a misdemeanor |
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punishable by a sentence of imprisonment for 180 days or less; or |
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(4) three [five] days from the commencement of the |
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[his] detention if the defendant [he] is accused of a misdemeanor |
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punishable by a fine only. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |