HBA-BSM C.S.H.B. 2288 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2288 By: Dunnam Criminal Jurisprudence 4/18/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, a defendant may not be released on bail pending the appeal of any felony conviction in which the punishment equals or exceeds 10 years confinement or when the defendant has been convicted of an offense for which judge ordered community supervision does not apply. Current law also provides that a defendant must decide to remain in jail and appeal or be released from jail and be placed on probation and relinquish the right to appeal. C.S.H.B. 2288 prohibits a defendant from being released on bail pending the appeal from any felony conviction for which the defendant has been sentenced to a term of confinement for an offense for which judge-ordered community supervision does not apply. 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. 2288 amends the Code of Criminal Procedure to provide that a defendant may not be released on bail pending the appeal from any felony conviction for which the defendant has been sentenced to a term of confinement for an offense when judge-ordered community supervision does not apply. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2288 differs from the original by prohibiting a defendant from being released on bail pending the appeal of any felony conviction for which the defendant has been sentenced to a term of confinement for an offense when judge-ordered community supervision does not apply whereas the original removed the prohibition on a defendant convicted of such an offense from being released. The substitute no longer removes a felony conviction for which the punishment equals 10 years confinement from the prohibition against release on bail pending appeal.