BILL ANALYSIS

H.B. 1992

By: Smith

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a person who is sentenced to exactly 10 years for a felony conviction or who is convicted of a felony for which a judge is prohibited from ordering community supervision is ineligible for release on bail pending appeal.  Interested parties have expressed concern that such  a person will serve the person's sentence in a county jail while the person's case is appealed and that county jails will be burdened as a result. H.B. 1992 seeks to eliminate this burden by requiring such a person to be transferred to the Texas Department of Criminal Justice pending appeal.

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

H.B. 1992 amends the Code of Criminal Procedure to require a defendant who is ineligible for release on bail pending appeal from any felony conviction for which the defendant's punishment is 10 years confinement or for which a judge is prohibited from ordering community supervision be transferred to the Texas Department of Criminal Justice pending appeal.

EFFECTIVE DATE

September 1, 2013.