79R2496 RMB-D

By:  Madla                                                        S.B. No. 1237



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.