BILL ANALYSIS


                                                         H.B. 308
                                                By: Park (Harris)
                                                 Criminal Justice
                                                         05-17-95
                                Senate Committee Report (Amended)
BACKGROUND

Currently, a person must be represented by legal counsel prior to
waiving the person's right to a jury trial.  This requirement
includes a person charged with a misdemeanor which may be
punishable by fine only.

PURPOSE

As proposed, H.B. 308 authorizes persons who are charged with a
misdemeanor offense, which is punishable by fine only, to waive
their right to a jury without the requirement of legal
representation.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 1.13(c), Code of Criminal Procedure, to
require the court to appoint an attorney to represent a person
before the person who has no attorney, other than a defendant
charged with a misdemeanor, can agree to waive the jury.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.