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 * * * * *