HBA-KMH H.B. 2972 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2972
By: Staples
Criminal Jurisprudence
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person convicted of a felony may request an appeal bond to be
released into the community until an appeal on their case is heard if the
conviction resulted in a sentence not to exceed 15 years.  

H.B. 2972 reduces the number of persons who would be eligible to be
released on an appeal bond by lowering the maximum sentence triggering the
prohibition of the practice from 15 years to 10 years. 

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 Articles 44.04(b) and (c), Code of Criminal Procedure,
as follows: 

(b) Provides that a defendant may not be released on bail pending the
appeal from any felony conviction where the punishment exceeds 10, rather
than 15 years of confinement.  Deletes the provision prohibiting release on
bail if the defendant was convicted of an offense listed under Sections
481.107(b)-(e), Health and Safety Code.  Section 481.107, Health and Safety
Code, was repealed by Acts 1993, 73rd Legislature, Chapter 900,   2.07,
effective September 1, 1994. 

(c) Makes a conforming change.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.