HBA-PDH H.B. 1234 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1234
By: Naishtat
Corrections
2/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, courts cannot simply fine or place a person on community
supervision if the person committed murder, indecency with a child,
aggravated robbery, or other aggravated offenses; however, aggravated
assault is not included with these offenses.  H.B. 1234 prohibits a court
from only fining or placing a person on community supervision if the person
committed aggravated assault.    

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 Section 3g(a), Article 42.12, Code of Criminal
Procedure, by adding Paragraph (I), to include Section 22.02 (Aggravated
Assault), Penal Code, among the offenses to which the provisions of Section
3 (which authorizes a judge to suspend a sentence and place a defendant on
community supervision, fine that defendant, or both) do not apply. 

SECTION 2. Amends Section 508.145(d), Government Code (Eligibility for
Release on Parole; Computation of Parole Eligibility Rule), to make
conforming and nonsubstantive changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.