HBA-MPM, PDH H.B. 1535 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1535
By: Allen
Corrections
8/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Section 3g, Article 42.12, Code of Criminal
Procedure, exempted only a sexual assault committed against a child from
the applicability of Section 3.  Section 3 authorizes a judge to place a
defendant on community supervision after conviction or a plea of guilty or
nolo contendere.  H.B. 1535 exempts any sexual assault, as found in Section
22.011(Sexual Assault), Penal Code, from the applicability of Section 3.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3g(a), Article 42.12, Code of Criminal
Procedure, to include all of Section 22.011(Sexual Assault), Penal Code,
rather than Section 22.011(a)(2) (dealing with sexual assault of a child),
Penal Code,  among the sections to which Section 3 of this article does not
apply. Section 3 authorizes a judge to place a defendant on community
supervision after a conviction or a plea of guilty or nolo contendere. 

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.