HBA-KDB H.B. 3613 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3613
By: Martinez Fischer
Criminal Jurisprudence
4/9/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the court is required to sentence certain repeat
offenders of public intoxication to probation, which includes substance
abuse counseling.   A court is authorized to sentence such an offender to
jail only after the third conviction.  There is concern that certain
individuals who are sentenced to probation and fined do not have the
resources to comply with the terms of the punishment.  When an offender
violates the terms of probation, probation is revoked and the offender is
sent to jail.  This situation may be inefficient as well as burdensome for
judges, district attorneys, police officers, and probation officers who are
forced to devote more time to cases in which the offender may have been
better served with one jail sentence.  House Bill 3613 authorizes the
court, upon showing of good cause, to sentence a defendant convicted of
public intoxication to confinement in 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 3613 amends the Code of Criminal Procedure to authorize a court,
upon a showing of good cause, to sentence a defendant convicted of public
intoxication to confinement in jail for a term not to exceed 180 days,
rather than probation. 

EFFECTIVE DATE

September 1, 2001.