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.