HBA-BSM H.B. 3114 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3114
By: Ritter
Criminal Jurisprudence
4/17/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, many defendants in community supervision are having their
probation revoked because of technical violations.  Under current law,
judges are authorized to sentence defendants in community supervision to
time in county jail but not state jail.  Allowing a short-term confinement
in state jail might provide an additional option for judges regarding
violators of community supervision without revoking their probation.  House
Bill 3114 provides judges with the option of sentencing certain defendants
on community supervision to a term in state jail.   

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. 

ANALYSIS

House Bill 3114 amends the Code of Criminal Procedure to provide that if a
judge having jurisdiction of a felony case, other than a state jail felony
case, requires as a condition of community supervision that the defendant
submit to a period of confinement in a state jail felony facility, the
period of confinement may not be less than 60 days and may not exceed one
year.  A judge that requires a defendant to submit to confinement may
require the defendant to perform any service or participate in any program
that the judge could require of a defendant confined in a state jail felony
facility after conviction of a state jail felony. H.B. 3114 amends the
Government Code to authorize  the state jail division to confine defendants
in a state jail felony facility as a condition of community supervision
following a grant of deferred adjudication for or conviction of an offense
punishable as a felony other than a state jail felony.  

EFFECTIVE DATE

September 1, 2001.