HBA-LJP H.B. 806 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 806
By: Bonnen
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a court is authorized to punish a defendant convicted of
a state jail felony by imposing the confinement permissible as punishment
for a Class A misdemeanor if the court finds that such a punishment would
best serve the ends of justice, but is not authorized to impose such a
confinement on a defendant convicted of a third degree felony.  If a court
were authorized to impose such a confinement on a defendant convicted of a
third degree felony, then it may help reduce the current overcrowding of
prisons and jails while also imposing a sentence that would best serve the
ends of justice.   House Bill 806 authorizes a court to impose the
confinement permissible as punishment for a Class A misdemeanor on a
defendant convicted of a third degree felony. 

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 806 amends the Penal Code to authorize a court to impose the
confinement permissible as punishment for a Class A misdemeanor on a
defendant convicted of a third degree felony if, after considering
specified circumstances, the court finds that such a punishment would best
serve the ends of justice. 

EFFECTIVE DATE

September 1, 2001.