HBA-BSM, AMW H.B. 1158 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1158
By: Bonnen
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

There have been recent instances in Texas of potentially dangerous
defendants being released before important deoxyribonucleic acid (DNA) test
results could be evaluated.  Under current law, a defendant cannot be
detained more than 90 days while DNA tests are still being processed.  A
change in the law to extend the time a defendant can be detained may
exonerate some defendants while also protecting the public from others who
are potentially dangerous.  House Bill 1158 authorizes the detention of
certain defendants for an additional 90 days to allow more time to acquire
the test results. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1158 amends the Code of Criminal Procedure to provide that the
detention of a defendant is authorized to be extended under specified
conditions for an additional period not greater than 90 days following the
90 days after which a defendant must be released on personal bond or have
the amount of the defendant's bail reduced if the state is not ready for
trial.  The detention is authorized to be extended if the state has
requested scientific testing of evidence that may implicate or exonerate
the defendant, the results of the testing have not been completed, and the
defendant has been charged with the commission of murder, capital murder,
indecency with a child, sexual assault, aggravated kidnapping, aggravated
sexual assault, aggravated robbery, or certain offenses relating to the
manufacture, delivery, or possession of a controlled substance. 

EFFECTIVE DATE

September 1, 2001.