1-1     By:  Lucio                                             S.B. No. 306
 1-2           (In the Senate - Filed January 28, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 1; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 306                   By:  Duncan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the eligibility of certain defendants convicted of
1-11     felonies for release on bail pending appeal.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsections (b) and (c), Article 44.04, Code of
1-14     Criminal Procedure, are amended to read as follows:
1-15           (b)  The defendant may not be released on bail pending the
1-16     appeal from any felony conviction where the punishment equals or
1-17     exceeds 10 [15] years confinement or where the defendant has been
1-18     convicted of an offense listed under Section 3g(a)(1), Article
1-19     42.12 [Sections 481.107(b) through (e), Health and Safety Code],
1-20     but shall immediately be placed in custody and the bail discharged.
1-21           (c)  Pending the appeal from any felony conviction other than
1-22     a conviction described in Subsection (b) of this section [(where
1-23     the punishment does not exceed 15 years confinement)], the trial
1-24     court may deny bail and commit the defendant to custody if there
1-25     then exists good cause to believe that the defendant would not
1-26     appear when his conviction became final or is likely to commit
1-27     another offense while on bail, permit the defendant to remain at
1-28     large on the existing bail, or, if not then on bail, admit him to
1-29     reasonable bail until his conviction becomes final.  The court may
1-30     impose reasonable conditions on bail pending the finality of his
1-31     conviction.  On a finding by the court on a preponderance of the
1-32     evidence of a violation of a condition, the court may revoke the
1-33     bail.
1-34           SECTION 2.  The change in law made by this Act applies only
1-35     to a request for bail pending appeal that is made by a defendant on
1-36     or after the effective date of this Act.  A request for bail
1-37     pending appeal that is made by a defendant before the effective
1-38     date of this Act is covered by the law in effect when the request
1-39     was made, and the former law is continued in effect for that
1-40     purpose.
1-41           SECTION 3.  This Act takes effect September 1, 1999.
1-42           SECTION 4.   The importance of this legislation and the
1-43     crowded condition of the calendars in both houses create an
1-44     emergency and an imperative public necessity that the
1-45     constitutional rule requiring bills to be read on three several
1-46     days in each house be suspended, and this rule is hereby suspended.
1-47                                  * * * * *