SRC-JBJ C.S.S.B. 306 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 306
76R7524 GWK-DBy: Lucio
Criminal Justice
2/25/1999
Committee Report (Substituted)


DIGEST 

Currently, a person convicted of certain crimes can receive an appellate
bond.  C.S.S.B. 306 rescinds the eligibility of a defendant convicted of
certain violent felonies to obtain bail pending an appeal. 

PURPOSE

As proposed, C.S.S.B. 306 rescinds the eligibility of a defendant convicted
of certain felonies to obtain bail while pending an appeal. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 44.04(b) and (c), Code of Criminal Procedure,
to prohibit a defendant from being released on bail pending appeal from any
felony conviction where the punishment equals or exceeds 10 years, rather
than exceeds 15 years, confinement or where the defendant has been
convicted of an offense listed under Section 3g(a)(1), Article 42.12,
rather than an offense listed under Sections 481.07(b)-(e) of the Health
and Safety Code.  Deletes reference to a punishment that does not exceed 15
years confinement.  Makes conforming changes.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Article 44.04(b), Code of Criminal Procedure, to prohibit bail
pending appeal of a defendant convicted of a crime where the punishment
equals or exceeds 10 years confinement, rather than exceeds 15 years, or
where the defendant was convicted of an offense under Section 3g(a)(1),
Article 42.12, rather than an offense under Title 5, Penal Code, or Section
29.02, 29.03, Penal Code.