BILL ANALYSIS



S.B. 43
By: Shapiro (Combs)
03-28-95
Committee Report (Unamended)

BACKGROUND

The current policy of the institutional division of the Texas
Department of Criminal Justice is to refuse temporary furloughs to
inmates with a current or prior conviction for a sex or aggravated
offense or an offense under Section 3g, Code of Criminal Procedure.

PURPOSE

As proposed, this bill eliminates the temporary furlough privileges
of inmates serving sentences or convicted of offenses which are
sexual in nature.

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 Section 501.006, Government Code, by adding
           Subsection (j), as follows:

           (j)  Prohibits the Texas Department of Criminal Justice
           institutional division from granting a furlough under
           Subsection (c) to an inmate serving a sentence for or
           previously convicted of an offense:

               (1)  listed in Section 3g(a)(1), Article 42.12,
               Code of Criminal Procedure, (murder, capital
               murder, indecency with a child, aggravated
               kidnapping, aggravated sexual assault, aggravated
               robbery);

               (2)  for which the court made an affirmative
               finding under Section 3g(a)(2) of that article
               (used or exhibited a deadly weapon during the
               commission of a felony offense); or 

               (3)  listed in Sections 22.011, 25.02, 43.25,
               43.26, Penal Code, (sexual assault, prohibited
               sexual conduct, sexual performance by a child,
               possession or promotion of child pornography).

SECTION 2. Effective date:  September 1, 1995

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 43 was considered by the Committee on Corrections in a public
hearing on March 28, 1995.  The bill was reported favorably without
amendment with the recommendation that it do pass and be printed,
by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.