H.B. No. 413 introduces a new provision in the Texas Code of Criminal Procedure, specifically Article 17.1511, which addresses the detention of defendants awaiting trial. The bill stipulates that a defendant charged with an offense punishable as a Class B misdemeanor or higher cannot be held in jail for a cumulative period that exceeds the maximum potential punishment for the offense, when accounting for any credit for time served. This provision aims to ensure that defendants are not detained longer than the maximum sentence they could receive if convicted. However, this rule does not apply to defendants undergoing competency evaluations or those subject to commitment orders under Chapter 46B.
The law will only affect individuals arrested on or after the effective date of September 1, 2025, meaning those arrested prior to this date will be governed by the existing laws at the time of their arrest. This change is intended to promote fair treatment of defendants and reduce unnecessary pretrial detention.