HBA-NMO S.B. 31 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 31 By: Shapiro Criminal Jurisprudence 5/13/1999 Engrossed BACKGROUND AND PURPOSE Current law prohibits the early release of DWI offenders, state jail felons, and probation violators from community supervision. However the law does not prohibit the early release of a registered sex offender from community supervision. S.B. 31 adds a registered sex offender to the list of offenders who are ineligible for early release from community supervision. 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 Section 5(c), Article 42.12, Code of Criminal Procedure, to prohibit the judge from dismissing the proceedings and discharging a defendant charged with an offense requiring the defendant to register as sex offender under Chapter 62 (Sex Offender Registration Program). Deletes text that authorizes a judge to dismiss the proceedings and discharge a defendant charged with a felony described by Section 13B(b) only if in the judge's opinion the best interest of society and the defendant will be served and the defendant has successfully completed at least twothirds of the period of community supervision. Makes conforming changes. SECTION 2. Amends Section 20(b), Article 42.12, Code of Criminal Procedure, to establish that this section (Reduction or Termination of Community Supervision) does not apply to a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.