SRC-BWC H.B. 1658 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1658
77R4590 GWK-DBy: Ritter (Staples)
Criminal Justice
4/29/2001
Engrossed


DIGEST AND PURPOSE 

The Code of Criminal Procedure fails to address a court's responsibility
for notifying the Texas Department of Criminal Justice (TDCJ) when a
convicted defendant's case is subsequently dismissed. Because some courts
do not inform TDCJ when charges are dropped, inmates are being housed
longer than needed while TDCJ confirms that an inmate is free to be
released.  H.B. 1658 requires a county to inform TDCJ when charges against
a defendant or inmate transferred to TDCJ are dismissed. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8, Article 42.09, Code of Criminal Procedure, to
require a county to immediately notify an officer designated by the Texas
Department of Criminal Justice (department) of a dismissal, if after the
county transfers a defendant or inmate to the department the charges on
which the defendant or inmate was transferred are dismissed. 

SECTION 2.  Effective date: upon passage or September 1, 2001.