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.