BILL ANALYSIS

H.B. 1761

By: Coleman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

State law provides for judges to grant credit toward a defendant's sentence in a criminal case for time confined in jail for that case. However, concerns have been raised about the application of the law with regard to a defendant who is charged in more than one criminal case, and it has been noted that there may be situations in which such a defendant may be eligible for a time credit in one case but not another. H.B. 1761 seeks to address this issue by giving judges the discretion to grant credit toward a defendant's sentence for time confined in jail or prison for another case under certain circumstances.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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. 1761 amends the Code of Criminal Procedure to authorize the judge of a court in which a defendant is convicted, in addition to the credit given to a defendant for time spent in jail for the case or in certain other facilities, to give credit on the defendant's sentence for any time the defendant was confined in jail or prison for another case only, if that confinement occurred after the commission of the offense for which the defendant is convicted and before the date of the defendant's sentencing. 

EFFECTIVE DATE

September 1, 2019.