HBA-SEP H.B. 1499 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1499 By: Uresti Criminal Jurisprudence 4/2/2001 Introduced 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, confinement as a condition of deferred adjudication may be antithetical to the due process rights of a defendant. House Bill 1499 removes the provision authorizing a judge to confine a defendant as a condition of deferred adjudication. 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 1499 amends the Code of Criminal Procedure to remove the provision authorizing 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. EFFECTIVE DATE September 1, 2001.