1-1     By:  Danburg (Senate Sponsor - Patterson)              H.B. No. 126

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the time of the day at which a defendant confined on

 1-9     conviction of a misdemeanor discharges the sentence of confinement.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Article 43.13, Code of Criminal Procedure, is

1-12     amended to read as follows:

1-13           Art. 43.13.  DISCHARGE OF DEFENDANT.  (a)  A defendant who

1-14     has remained in jail the length of time required by the judgment

1-15     and sentence shall be discharged.  The sheriff shall return the

1-16     copy of the judgment and sentence, or the capias under which the

1-17     defendant was imprisoned, to the proper court, stating how it was

1-18     executed.

1-19           (b)  A defendant convicted of a misdemeanor and sentenced to

1-20     a term of confinement of more than 30 days discharges the

1-21     defendant's sentence at any time between the hours of 6 a.m. and 7

1-22     p.m. on the day of discharge.

1-23           SECTION 2.  This Act takes effect September 1, 1997.

1-24           SECTION 3.  The importance of this legislation and the

1-25     crowded condition of the calendars in both houses create an

1-26     emergency and an imperative public necessity that the

1-27     constitutional rule requiring bills to be read on three several

1-28     days in each house be suspended, and this rule is hereby suspended.

1-29                                  * * * * *