S.B. No. 599
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 related to the safety of a victim of the
alleged offense or to the safety of the community under this
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Procedure, is repealed.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.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 599 passed the Senate on
April 7, 2005, by the following vote: Yeas 25, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 599 passed the House on
May 10, 2005, by a non-record vote.
Chief Clerk of the House