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.