By:  Lucio                                             S.B. No. 306
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the eligibility of certain defendants convicted of
 1-2     felonies for release on bail pending appeal.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (b) and (c), Article 44.04, Code of
 1-5     Criminal Procedure, are amended to read as follows:
 1-6           (b)  The defendant may not be released on bail pending the
 1-7     appeal from any felony conviction where the punishment equals or
 1-8     exceeds 10 [15] years confinement or where the defendant has been
 1-9     convicted of an offense listed under Section 3g(a)(1), Article
1-10     42.12 [Sections 481.107(b) through (e), Health and Safety Code],
1-11     but shall immediately be placed in custody and the bail discharged.
1-12           (c)  Pending the appeal from any felony conviction other than
1-13     a conviction described in Subsection (b) of this section [(where
1-14     the punishment does not exceed 15 years confinement)], the trial
1-15     court may deny bail and commit the defendant to custody if there
1-16     then exists good cause to believe that the defendant would not
1-17     appear when his conviction became final or is likely to commit
1-18     another offense while on bail, permit the defendant to remain at
1-19     large on the existing bail, or, if not then on bail, admit him to
1-20     reasonable bail until his conviction becomes final.  The court may
1-21     impose reasonable conditions on bail pending the finality of his
1-22     conviction.  On a finding by the court on a preponderance of the
1-23     evidence of a violation of a condition, the court may revoke the
1-24     bail.
 2-1           SECTION 2.  The change in law made by this Act applies only
 2-2     to a request for bail pending appeal that is made by a defendant on
 2-3     or after the effective date of this Act.  A request for bail
 2-4     pending appeal that is made by a defendant before the effective
 2-5     date of this Act is covered by the law in effect when the request
 2-6     was made, and the former law is continued in effect for that
 2-7     purpose.
 2-8           SECTION 3.  This Act takes effect September 1, 1999.
 2-9           SECTION 4.   The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.