By Lucio                                               S.B. No. 306
         76R4920 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the eligibility of certain defendants convicted of
 1-3     felonies 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 15
 1-9     years confinement or where the defendant has been convicted of an
1-10     offense [listed] under Title 5, Penal Code, or Section 29.02 or
1-11     29.03, Penal Code [Sections 481.107(b) through (e), Health and
1-12     Safety Code], but shall immediately be placed in custody and the
1-13     bail discharged.
1-14           (c)  Pending the appeal from any felony conviction other than
1-15     a conviction described in Subsection (b) of this section [(where
1-16     the punishment does not exceed 15 years confinement)], the trial
1-17     court may deny bail and commit the  defendant to custody if there
1-18     then exists good cause to believe that the defendant would not
1-19     appear when his conviction became final or is likely to commit
1-20     another offense while on bail, permit the defendant to remain at
1-21     large on the existing bail, or, if not then on bail, admit him to
1-22     reasonable bail until his conviction becomes final.  The court may
1-23     impose reasonable conditions on bail pending the finality of his
1-24     conviction.  On a finding by the court on a preponderance of the
 2-1     evidence of a violation of a condition, the court may revoke the
 2-2     bail.
 2-3           SECTION 2.  The change in law made by this Act applies only
 2-4     to a request for bail pending appeal that is made by a defendant on
 2-5     or after the effective date of this Act.  A request for bail
 2-6     pending appeal that is made by a defendant before the effective
 2-7     date of this Act is covered by the law in effect when the request
 2-8     was made, and the former law is continued in effect for that
 2-9     purpose.
2-10           SECTION 3.  This Act takes effect September 1, 1999.
2-11           SECTION 4.  The importance of this legislation and the
2-12     crowded condition of the calendars in both houses create an
2-13     emergency and an imperative public necessity that the
2-14     constitutional rule requiring bills to be read on three several
2-15     days in each house be suspended, and this rule is hereby suspended.