By Tillery                                            H.B. No. 2458
       74R7147 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring the Criminal Justice Policy Council to
    1-3  prepare a report on the effectiveness of caning as a punishment for
    1-4  criminal conduct.
    1-6        SECTION 1.  Chapter 413, Government Code, is amended by
    1-7  adding Section 413.017 to read as follows:
    1-8        Sec. 413.017.  REPORT ON CANING AS PUNISHMENT.  Before
    1-9  January 1, 1997, the policy council shall prepare a study on and
   1-10  report to the legislature about the use of caning as a punishment
   1-11  for defendants convicted of criminal offenses.  The report must
   1-12  include information about:
   1-13              (1)  the number of foreign jurisdictions that use
   1-14  caning as punishment for criminal conduct and the names of those
   1-15  jurisdictions;
   1-16              (2)  the offenses for which caning is a punishment in
   1-17  foreign jurisdictions;
   1-18              (3)  whether caning is the sole punishment option for
   1-19  an offense or caning is one among several options for punishment;
   1-20              (4)  whether the agreement of the defendant is a
   1-21  necessity before using caning as punishment;
   1-22              (5)  whether caning is reserved for use on juvenile
   1-23  offenders or is used on offenders of all ages;
   1-24              (6)  the medical consequences of caning; and
    2-1              (7)  the effect of caning as punishment on recidivism
    2-2  for specific offenses, if the information is available.
    2-3        SECTION 2.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.