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.