HBA-JEK, AMW H.B. 261 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 261
By: Ritter
Corrections
77/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Some defendants who are eligible for bail request to be transferred to the
Texas Department of Criminal Justice (TDCJ) because they want to start the
clock on their sentence term.  Prior to the 77th Legislature, any defendant
convicted of a felony was transferred on request to TDCJ if the defendant's
sentence was a term of 10 years or less and the defendant gave notice of
appeal.  House Bill 261 requires the transfer of such defendants on request
only if they have not been convicted of certain violent crimes. 

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 261 amends the Code of Criminal Procedure to require that upon
request in open court or upon written request to the sentencing court
certain defendants are to be transferred to the institutional division of
the Texas Department of Criminal Justice.  The defendants who are
transferred upon request are convicted felons who give notice of an appeal
whose punishment is less than 10 years and who have not been convicted of
murder, capital murder, indecency with a child, aggravated kidnaping,
aggravated sexual assault, aggravated robbery, sexual assault, or a second
drug-related conviction in a drug-free zone. 

EFFECTIVE DATE

May 22, 2001.