BILL ANALYSIS



H.B. 1440
By: Alonzo
05-03-95
Committee Report (Unamended)


BACKGROUND

Article 44.13, Code of Criminal Procedure, sets out the requisites
of the appeal bond for appealing Class C misdemeanors to county
courts of law and county criminal courts.  However, it does not
provide a method of disposition of cases when the appeal bond does
not comply with the requirements of the statute.

PURPOSE

If enacted, H.B. 1440 would provide an adequate method for
disposing of these cases by giving the court discretion to dismiss
the appeal and the authority to remand the case back to the court
of origin.  Although case law indicates that dismissal is an
appropriate means of disposition, it is more desirable to have a
specific method of disposition set out in statutory form.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 44.13, Code of Criminal Procedure
(APPEALS FROM JUSTICE AND MUNICIPAL COURTS), by adding Subsection
(e) as follows:  allows a court to which an appeal is taken to
dismiss an appeal if the defendant fails to comply with a term of
an appeal bond.

SECTION 2.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1440 was considered in a public hearing on May 3, 1995.  HB 1440
was reported favorably with the recommendation that it do pass and
be printed and be sent to the Committee on Local and Consent
Calendars, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.