| 1 | 1 | | By: Jones of Harris, Thompson of Harris, H.B. No. 476 |
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| 2 | 2 | | Allen, et al. |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release of certain defendants detained in jail |
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| 8 | 8 | | pending trial. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 17.1511 to read as follows: |
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| 12 | 12 | | Art. 17.1511. RELEASE OF DEFENDANT DETAINED LONGER THAN |
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| 13 | 13 | | POTENTIAL PUNISHMENT. (a) Notwithstanding any other law and |
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| 14 | 14 | | except as provided by Subsection (b), a defendant charged with an |
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| 15 | 15 | | offense punishable as a Class B misdemeanor or any higher category |
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| 16 | 16 | | of offense may not be detained in jail pending trial for a |
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| 17 | 17 | | cumulative period that, when considering the maximum credit toward |
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| 18 | 18 | | the defendant's sentence to which the defendant would be entitled |
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| 19 | 19 | | to earn as a result of the defendant's conduct while confined in the |
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| 20 | 20 | | county jail of the county in which the offense occurred, exceeds the |
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| 21 | 21 | | maximum term of confinement that may be imposed on conviction of the |
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| 22 | 22 | | offense of which the defendant is accused. |
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| 23 | 23 | | (b) This article does not apply to a defendant who is being |
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| 24 | 24 | | evaluated for competency or subject to an order of commitment |
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| 25 | 25 | | issued under Chapter 46B. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
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| 27 | 27 | | to a person who is arrested on or after the effective date of this |
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| 28 | 28 | | Act. A person arrested before the effective date of this Act is |
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| 29 | 29 | | governed by the law in effect on the date the person was arrested, |
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| 30 | 30 | | and the former law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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