BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 157

79R302 JD-D                                                                                           By: Cook, Byron (Averitt)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, a  person convicted of an offense under Chapter 49 (Intoxication and Alcoholic Beverage Offenses), Penal Code is required to serve Athree days@ of confinement in county jail.  Apparently, three days can start at the end of the day on Friday and end at the beginning of the day on Sunday.  Therefore, the time of confinement is really only one full day. 

 

H.B. 157 ensures that offenders actually spend 72 continuous hours behind bars.

 

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 13(a), Article 42.12, Code of Criminal Procedure, by requiring a defendant, as a condition of community supervision, to submit to not less than 72 hours of continuous confinement, rather than three days of confinement, if the defendant was punished under Section 49.09(a), Code of Criminal Procedure.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.