BILL ANALYSIS

 

 

Senate Research Center	H.B. 155
	By: Canales (Hinojosa)
	Criminal Justice
	5/13/2019
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

It has been suggested that there are certain advantages to notifying a sentencing court when a defendant in a state jail felony facility will have served enough time in the facility to trigger that court's consideration of the defendant for community supervision. H.B. 155 provides for this notification by requiring the Texas Department of Criminal Justice to notify an applicable sentencing court of the date on which such a defendant will have served 75 days in the facility.

 

H.B. 155 amends current law relating to notice provided to a court regarding a defendant confined in a state jail felony facility.

 

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 Article 42A.558, Code of Criminal Procedure, by adding Subsections (b‑1) and (b-2), as follows:

 

(b-1) Requires the Texas Department of Criminal Justice (TDCJ), on request of the judge, to, not later than the 60th day after the date the defendant is received into the custody of a state jail felony facility, notify the judge of the date on which the defendant will have served 75 days in the facility. Requires the notice to be provided by e-mail or other electronic communication.

 

(b-2) Authorizes the judge, for purposes of Subsection (b-1), to submit a single request to TDCJ with respect to all applicable defendants sentenced in the judge�s court.

 

SECTION 2. Makes application of Article 42A.558, Code of Criminal Procedure, as amended by this Act, prospective.

 

SECTION 3. Effective date: September 1, 2019.