HBA-KMH H.J.R. 27 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 27 By: Lewis, Glenn Criminal Jurisprudence 3/19/1999 Introduced BACKGROUND AND PURPOSE Currently, under the Texas Constitution, a district judge may deny bail to a defendant for the commission of certain non-capital offenses, including sexual or violent offenses, felony offenses committed while on bail, and certain offenses involving the use of a deadly weapon. As proposed, H.J.R. 27 requires the submission to the voters of a constitutional amendment lengthening the period during which a district judge may issue an order denying bail in certain criminal cases from within seven calendar days to a period within 30 calendar days. 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 Subsection (a), Section 11a, Article I, Texas Constitution, as follows: (a) Provides that under certain conditions a district judge may deny a defendant from being released on bail if the order denying bail pending trial is issued within 30 calendar days subsequent to the time of incarceration of the accused, rather than seven. SECTION 2. Amends the Texas Constitution by adding the following: TEMPORARY PROVISION. Makes this temporary provision applicable to the constitutional amendment proposed by _.J.R. No. ___, 76th Legislature, Regular Session, 1999, and expires January 2, 2001. Provides that this Act takes effect on January 1, 2000. SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.