1-1     By:  Lucio                                            S.B. No. 1453
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Criminal Justice;
 1-4     May 4, 2001, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 1; May 4, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the eligibility of certain defendants convicted of
 1-9     felonies for release on bail pending appeal.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (b), Article 44.04, Code of Criminal
1-12     Procedure, is amended to read as follows:
1-13           (b)  The defendant may not be released on bail pending the
1-14     appeal from any felony conviction where the punishment equals or
1-15     exceeds 10 years confinement or where the defendant has been
1-16     convicted of an offense listed under Section 3g(a)(1), Article
1-17     42.12, or an offense under Section 22.04, Penal Code, but shall
1-18     immediately be placed in custody and the bail discharged.
1-19           SECTION 2.  The change in law made by this Act applies only
1-20     to a request for bail pending appeal that is made by a defendant on
1-21     or after the effective date of this Act.  A request for bail
1-22     pending appeal that is made by a defendant before the effective
1-23     date of this Act is covered by the law in effect when the request
1-24     was made, and the former law is continued in effect for that
1-25     purpose.
1-26           SECTION 3.  This Act takes effect September 1, 2001.
1-27                                  * * * * *