H.B. 2287 78(R)    BILL ANALYSIS


H.B. 2287
By: Alonzo
Corrections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, if a defendant uses or exhibits a firearm during the
commission of a felony of the second degree or higher and the defendant is
granted community supervision, the court may order that defendant to be
confined in the institutional division of the Texas Department of Criminal
Justice (TDCJ-ID) for not less than 60 days and not more than 120 days.  

However, if a defendant uses a deadly weapon other than a firearm during
the commission of a second degree or higher felony, the defendant is not
subject to the provision for 60 to 120 day confinement in TDCJ-ID.  HB
2287 expands the current provision to allow a court to order 60 to 120 day
confinement for a defendant who used any deadly weapon in the commission
of a second degree or higher felony.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

H.B. 2287 amends Section 3g(b), Article 42.12, Code of Criminal Procedure,
to allow a court to order a defendant who used or exhibited a deadly
weapon in a second degree or higher felony, and who has also been granted
community supervision, to serve not less than 60 days and not more than
120 days in the institutional division of the Texas Department of Criminal
Justice. 


EFFECTIVE DATE

September 1, 2003