HBA-RBT H.B. 1534 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1534
By: Allen
Criminal Jurisprudence
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an inmate is prohibited from release pending appeal if the
inmate has been convicted of a felony and the punishment exceeds 15 years.
In other cases, the trial court may deny bail only if it finds that good
cause exists to believe that the defendant would not appear when his
conviction becomes final or is likely to commit another offense while on
bail.  H.B. 1534 prohibits the release on bail of those convicted of
murder, indecency with a child, aggravated kidnaping, aggravated robbery,
sexual assault, specified drug convictions for offenses which occurred in a
drug free zone, or offenses where it is shown that a deadly weapon was used
or exhibited. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 44.04(b) and (c), Code of Criminal Procedure,
to prohibit release on bail pending appeal for a defendant convicted of
murder, indecency with a child, aggravated kidnaping, aggravated robbery,
sexual assault, specified drug convictions for offenses which occurred in a
drug free zone, or offenses where it is shown that a deadly weapon was used
or exhibited.  Deletes reference to a repealed provision of the Health and
Safety Code.  Makes a conforming change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.