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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2296

79R13059 UM-F                                                                               By: Cook, Robby (Armbrister)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/19/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Currently, it is possible for a prosecuting attorney to request, with the court=s consent and permission, the reduction of a state jail felony offense to a Class A misdemeanor.  When used for appropriate situations, this mechanism has been a successful preventative measure and has provided much needed relief for overcrowded prison systems.  However, there have been cases where a judge has ruled that even though the offense is punished as a misdemeanor, it remains a felony offense.

 

 H.B. 2296 amends Section 12.44(b), Penal Code, to clarify that at the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor. 

 

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 12.44(b), Penal Code, to authorize the court to authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor, at the request of the prosecuting attorney, rather than authorizing the court to impose punishment for a lesser category of offense as provided in Subsection (a).

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2005.