SRC-SLL H.B. 373 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 373
By: Keel (Shapiro)
Criminal Justice
5-1-97
Engrossed


DIGEST 

Current statutes providing for lawsuit abuse sanctions in correctional
facilities refer only to federal and state penal facilities.  The statutes
currently authorize forfeiture by the sheriff of part or all of the good
time credits earned by an inmate in a local correctional facility for
certain infractions such as escape or attempt to escape.  This bill will
provide for the forfeiture of commutation of time for good conduct by an
inmate of a county jail who files a frivolous or malicious lawsuit. 

PURPOSE

As proposed, H.B. 373 provides for the forfeiture of commutation of time
for good conduct by an inmate of a county jail who files a frivolous or
malicious lawsuit. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 5, Article 42.032, Code of Criminal Procedure,
to authorize any part or all of the commutation accrued under this article
to be forfeited or taken away by the sheriff on receipt by the sheriff of
a certified copy of a final order of a state or federal court that
dismisses as frivolous or malicious a lawsuit brought by a defendant while
the defendant was in the custody of the sheriff. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Emergency clause.
  Effective date: upon passage.