HBA-NIK, NIK, NIK H.B. 1796 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1796
By: Reyna, Arthur
Corrections
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the federal criminal justice system uses the Federal Sentencing
Guidelines, which were established through the Sentencing Reform Act of
1984 (Title II of the Comprehensive Crime Control Act of 1984).  This Act
delegated broad authority to the United States Sentencing Commission to
review and rationalize a federal sentencing process.  The Commission is
required to prescribe guideline ranges that specify an appropriate sentence
for each class of convicted persons.  

H.B. 1796 requires the Texas Department of Criminal Justice to conduct an
interim study regarding the adoption and implementation of sentencing
guidelines in the state's criminal justice system. 

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 Chapter 493, Government Code, by adding Section 493.023
as follows: 

Sec. 493.023.  FEASIBILITY STUDY: SENTENCING GUIDELINES.  Requires the
Texas Department of Criminal Justice (department), to conduct a study
containing specified features, regarding the feasibility of adopting and
implementing sentencing guidelines in the state criminal justice system
(system) that are similar to those used in the federal system. Requires
that the department provide copies of the report to specified individuals
no later than November 1, 2000.  Requires that the department provide  a
draft of proposed legislation for implementation of sentencing guidelines
with each copy of the report. Provides that this section expires January 1,
2001. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.