S.B. 1948 78(R)    BILL ANALYSIS


S.B. 1948
By: Whitmire
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Four years after the Tulia drug sting, 13 Texans remain in prison.
However, the only witness against these individuals has been indicted for
perjury.  The parties have jointly filed documents with the Court of
Criminal Appeals, declaring that it would be a "travesty of justice to
permit the convictions to stand."  Senate Bill 1948 provides for the
release on bond of certain applicants for a writ of habeas corpus seeking
relief from the judgment in a criminal case, other than an applicant
seeking relief from a judgment imposing a death penalty. 

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

Senate Bill 1948 amends the Code of Criminal Procedure to provide that
this bill applies to an applicant for a writ of habeas corpus seeking
relief from the judgment in a criminal case, other than an applicant
seeking relief from a judgment imposing a penalty of death. The convicting
court may, on making proposed findings of fact and conclusions of law
jointly stipulated to by the applicant and the state, or on approving
proposed findings of fact and conclusions of law made by an attorney or
magistrate appointed by the court to perform that duty and jointly
stipulated to by the applicant and the state, order the release of the
applicant on bond, subject to conditions imposed by the convicting court,
until the applicant is denied relief, remanded to custody, or ordered
released. 

For  the purposes of existing law governing habeas corpus, an applicant
released on bond remains restrained in his liberty. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.