By Shapiro S.B. No. 876
75R6073 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the persons eligible for release on bail pending appeal
1-3 from a felony conviction.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Articles 44.04(b) and (c), Code of Criminal
1-6 Procedure, are amended to read as follows:
1-7 (b) The defendant may not be released on bail pending the
1-8 appeal from any felony conviction where the punishment exceeds 10
1-9 [15] years confinement or where the defendant has been convicted of
1-10 an offense listed under Sections 481.107(b) through (e), Health and
1-11 Safety Code, but shall immediately be placed in custody and the
1-12 bail discharged.
1-13 (c) Pending the appeal from any felony conviction other than
1-14 a conviction described in Subsection (b) of this section (where the
1-15 punishment does not exceed 10 [15] years confinement), the trial
1-16 court may deny bail and commit the defendant to custody if there
1-17 then exists good cause to believe that the defendant would not
1-18 appear when his conviction became final or is likely to commit
1-19 another offense while on bail, permit the defendant to remain at
1-20 large on the existing bail, or, if not then on bail, admit him to
1-21 reasonable bail until his conviction becomes final. The court may
1-22 impose reasonable conditions on bail pending the finality of his
1-23 conviction. On a finding by the court on a preponderance of the
1-24 evidence of a violation of a condition, the court may revoke the
2-1 bail.
2-2 SECTION 2. This Act takes effect September 1, 1997. The
2-3 change in law made by this Act applies only to a defendant who
2-4 appeals from a felony conviction on or after the effective date of
2-5 this Act. A defendant who appealed from a felony conviction before
2-6 the effective date of this Act is covered by the law in effect when
2-7 the appeal was filed, and the former law is continued in effect for
2-8 that purpose.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.