79R2496 RMB-D
By: Straus H.B. No. 3267
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain convicted felons from county
jail to the custody of the Texas Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Article 42.09, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. If a defendant is convicted of a felony, is eligible
for release on bail pending appeal under Article 44.04(b), and
gives notice of appeal, he shall be transferred to the
Institutional Division of the Texas Department of Criminal Justice
on a commitment pending a mandate from the Court of Appeals or the
Court of Criminal Appeals [upon request in open court or upon
written request to the sentencing court. Upon a valid transfer to
the institutional division under this section, the defendant may
not thereafter be released on bail pending his appeal].
SECTION 2. This Act applies to a defendant on whom a
sentence of a term of imprisonment in the institutional division of
the Texas Department of Criminal Justice is pronounced on or after
the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2005.