SRC-JBJ H.B. 261 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 261
77R622 GWK-DBy: Ritter (Bernsen)
Criminal Justice
4/20/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, certain measures passed during the 76th
Legislature prohibit the release of a defendant on bail pending appeal from
a felony conviction if the punishment is ten years or more in prison
conflict with an article of the Code of Criminal Procedure that provides
that a defendant, after receiving a sentence of ten years or less, can be
transferred to prison awaiting appeal only if the defendant consents.  This
conflict allows defendants sentenced to exactly ten years in prison to
refuse transfer to the institutional division of the Texas Department of
Criminal Justice (department).  H.B. 261 amends provisions of the Code of
Criminal Procedure to remedy this conflict and requires a defendant, under
certain conditions, to be transferred to the institutional division of the
department while awaiting appeal. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4, Article 42.09, Code of Criminal Procedure, to
require a defendant, if the defendant is convicted of a felony, is eligible
for release on bail pending appeal under Article 44.04(b), and gives notice
of appeal, to be transferred to the institutional division of the Texas
Department of Criminal Justice on a commitment pending a mandate from the
court of appeals or the Court of Criminal Appeals upon request in open
court or upon written request to the sentencing court. 

SECTION 2.  Effective date: upon passage or September 1, 2001.