HBA-EDN H.B. 1472 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1472 By: Gallego Criminal Jurisprudence 4/1/2001 Introduced BACKGROUND AND PURPOSE Currently, the Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings allows for the transfer of prisoners from Texas to another state when the inmate is a witness to a crime. Essentially, a court of competent jurisdiction of another state can certify that the inmate is needed to provide information in pending criminal proceedings or grand jury investigations. Subsequent to this certification, a Texas judge in a court of competent jurisdiction can issue a transfer order requiring the holding agency to produce the inmate to appear for cases pending in the other state. However, the Act does not apply to a person in this state who is confined as mentally ill or who is under sentence of death. This exception may impede investigations of crimes in other states if these inmates have information critical to a case and are precluded from testifying. House Bill 1472 eliminates the exception imposed on the transfer of inmates who are mentally ill or under sentence of death. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1472 amends the Code of Criminal Procedure to modify the provisions relating to securing the rendition of prisoners in criminal proceedings. The bill removes the provision that a judge give notice to the attorney general when setting a hearing to determine if a transfer order should be issued. The bill authorizes a judge to issue a transfer order if the judge determines that, in addition to other criteria, security arrangements for the transportation of the witness do not include the use of a commercial transportation company to transport the witness, if the witness is under a death sentence and are sufficient to prevent the witness from fleeing or posing a threat to public safety. The bill requires a judge in the court in this state to order the officer transporting the prisoner while in this state to make the security arrangements described above. H.B. 1472 repeals the provision stating that the Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings does not apply to a person in this state who is confined as mentally ill or who is under sentence of death. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.