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.