HBA-JLV, SEP C.S.H.B. 1499 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1499 By: Uresti Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law authorizes a judge, after a defendant enters a plea of guilty or nolo contendere and after hearing the evidence, to defer further proceedings without entering an adjudication of guilt and to impose reasonable conditions of deferred adjudication, including confinement. Because deferred adjudication is intended to postpone judgment until after a specified probationary period, extended confinement as a condition of deferred adjudication may be antithetical to the due process rights of a defendant. C.S.H.B. 1499 authorizes a judge to confine a defendant placed on community supervision for a period not to exceed 30 days. 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 C.S.H.B. 1499 amends the Code of Criminal Procedure to authorize a judge to confine, as a condition of deferred adjudication, in a county jail or state jail felony facility, a defendant placed on community supervision for applicable offenses for a period not to exceed 30 days. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1499 modifies the original to authorize a judge to confine, as a condition of deferred adjudication, in a county jail or state jail felony facility, a defendant placed on community supervision for applicable offenses for a period not to exceed 30 days. The substitute no longer removes provisions authorizing a judge to confine a defendant placed on community supervision.