By Danburg                                             H.B. No. 126

         75R11806 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the time of the day at which a defendant confined on

 1-3     conviction of a misdemeanor discharges the sentence of confinement.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 43.13, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 43.13.  DISCHARGE OF DEFENDANT.  (a)  A defendant who

 1-8     has remained in jail the length of time required by the judgment

 1-9     and sentence shall be discharged.  The sheriff shall return the

1-10     copy of the judgment and sentence, or the capias under which the

1-11     defendant was imprisoned, to the proper court, stating how it was

1-12     executed.

1-13           (b)  A defendant convicted of a misdemeanor and sentenced to

1-14     a term of confinement of more than 30 days discharges the

1-15     defendant's sentence at any time between the hours of 6 a.m. and 7

1-16     p.m. on the day of discharge.

1-17           SECTION 2.  This Act takes effect September 1, 1997.

1-18           SECTION 3.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended.