By Allen                                              H.B. No. 1534
         76R6387 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility of certain convicted felons for release
 1-3     on bail pending appeal.
 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 15
 1-9     years confinement or where the defendant has been convicted of an
1-10     offense listed under Section 3g(a)(1), Article 42.12, or an offense
1-11     the judgment for which contains an affirmative finding under
1-12     Section 3g(a)(2) [Sections 481.107(b) through (e), Health and
1-13     Safety Code], but shall immediately be placed in custody and the
1-14     bail discharged.
1-15           (c)  Pending the appeal from any felony conviction other than
1-16     a conviction described in Subsection (b) of this section [(where
1-17     the punishment does not exceed 15 years confinement)], the trial
1-18     court may deny bail and commit the  defendant to custody if there
1-19     then exists good cause to believe that the defendant would not
1-20     appear when his conviction became final or is likely to commit
1-21     another offense while on bail, permit the defendant to remain at
1-22     large on the existing bail, or, if not then on bail, admit him to
1-23     reasonable bail until his conviction becomes final.  The court may
1-24     impose reasonable conditions on bail pending the finality of his
 2-1     conviction.  On a finding by the court on a preponderance of the
 2-2     evidence of a violation of a condition, the court may revoke the
 2-3     bail.
 2-4           SECTION 2.  The change in law made by this Act applies only
 2-5     to a request for bail pending appeal that is made by a defendant on
 2-6     or after the effective date of this Act.  A request for bail
 2-7     pending appeal that is made by a defendant before the effective
 2-8     date of this Act is covered by the law in effect when the request
 2-9     was made, and the former law is continued in effect for that
2-10     purpose.
2-11           SECTION 3.  This Act takes effect September 1, 1999.
2-12           SECTION 4.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.