HBA-JLV, SEP C.S.H.B. 1499 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1499
By: Uresti
Criminal Jurisprudence
4/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes a judge, after a defendant enters a plea of guilty
or nolo contendere and after hearing the evidence, to defer further
proceedings without entering an adjudication of guilt and to impose
reasonable conditions of deferred adjudication, including confinement.
Because deferred adjudication is intended to postpone judgment until after
a specified probationary period, extended confinement as a condition of
deferred adjudication may be antithetical to the due process rights of a
defendant. C.S.H.B. 1499 authorizes a judge to confine a defendant placed
on community supervision for a period not to exceed 30 days.   

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

C.S.H.B. 1499 amends the Code of Criminal Procedure to authorize a judge to
confine, as a condition of deferred adjudication, in a county jail or state
jail felony facility, a defendant placed on community supervision for
applicable offenses for a period not to exceed 30 days.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1499 modifies the original to authorize a judge to confine, as a
condition of deferred adjudication, in a county jail or state jail felony
facility, a defendant placed on community supervision for applicable
offenses for a period not to exceed 30 days.  The substitute no longer
removes provisions authorizing a judge to confine a defendant placed on
community supervision.