By Staples H.B. No. 2972
76R1534 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of a defendant convicted of a felony
1-3 for release 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 10
1-9 [15] years confinement [or where the defendant has been convicted
1-10 of an offense listed under Sections 481.107(b) through (e), Health
1-11 and Safety Code], but shall immediately be placed in custody and
1-12 the bail discharged.
1-13 (c) Pending the appeal from any felony conviction other than
1-14 a conviction described in Subsection (b) of this section (where the
1-15 punishment does not exceed 10 [15] years confinement), the trial
1-16 court may deny bail and commit the defendant to custody if there
1-17 then exists good cause to believe that the defendant would not
1-18 appear when his conviction became final or is likely to commit
1-19 another offense while on bail, permit the defendant to remain at
1-20 large on the existing bail, or, if not then on bail, admit him to
1-21 reasonable bail until his conviction becomes final. The court may
1-22 impose reasonable conditions on bail pending the finality of his
1-23 conviction. On a finding by the court on a preponderance of the
1-24 evidence of a violation of a condition, the court may revoke the
2-1 bail.
2-2 SECTION 2. The change in law made by this Act applies only
2-3 to a request for bail pending appeal that is made by a defendant on
2-4 or after the effective date of this Act. A request for bail
2-5 pending appeal that is made by a defendant before the effective
2-6 date of this Act is covered by the law in effect when the request
2-7 was made, and the former law is continued in effect for that
2-8 purpose.
2-9 SECTION 3. This Act takes effect September 1, 1999.
2-10 SECTION 4. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended.