BWH H.B. 373 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.B. 373
By: Keel
3-12-97
Committee Report (Unamended)



BACKGROUND 

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.  The proposed
additions to the good conduct commutation section of the Code of Criminal
Procedure would allow counsel to seek a finding of abuse in the court's
disposition order.  This finding would then allow the sheriff to forfeit
goodtime credits upon notification by  a state or federal court of
dismissal of an inmate lawsuit as frivolous or malicious.  The court
retains its authority to assess its current full range of sanctions.       

PURPOSE

H.B. 373, as proposed, authorizes the sheriff to forfeit part or all of
the good-time credits earned by an inmate in a local correctional facility
upon dismissal of a lawsuit by that inmate as frivolous or malicious. 
 
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 5, Article 42.032, Code of Criminal Procedure,
GOOD CONDUCT, by adding Subsection (2), allowing forfeiture by the sheriff
of good-time credits earned by an inmate in a local correctional facility
on receipt 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 the effects of this Act prospective, applying only to a
forfeiture of   commutation of time for good conduct based on the filing
of a lawsuit on or after the effective date of this Act. 
   
SECTION 3. Emergency clause.