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.