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.