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.