BILL ANALYSIS



C.S.H.B. 732
By: Talton
04-12-95
Committee Report (Substituted)


BACKGROUND

Victims of crime, as well as family members of deceased victims,
are frequently excluded from the court room.  Rule 613 of the Texas
Rules of Evidence (Exclusion of Witnesses) states that the court
shall order witnesses excluded so that they cannot hear the
testimony of other witnesses.  The rule does not exclude victims
unless the victim is to testify and the court decides that the
victim's testimony would be affected by hearing other testimony at
the trial. 

PURPOSE

If enacted, C.S.H.B. 732 would allow exclusion of a certain group
of witnesses if written notice is provided, and the opposing party
is allowed to contest the exclusion. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 36, Code of Criminal Procedure (THE
TRIAL BEFORE THE JURY), by adding Art. 36.03 as follows:

Art. 36.03.  INVOCATION OF RULE.

     (a) allows a court, at the request of a party, to order the
     exclusion of a witness who is a victim, relative of a deceased
     victim, or guardian of the victim only if:

           (1) provided with a written notice ten days before the
           trial;

           (2) the court allows the opposing party to contest the
           exclusion in court.

     (b) allows the court to maintain the authority to exclude a
     witness on its own motion.

     (c) defines "close relative of a deceased victim," "guardian
     of a victim," and "victim."

SECTION 2.  Effective date:  September 1, 1995.  Applies only to
prosecutions in which indictment, information, or complaint is
returned on or after that date.  Makes application of this Act
prospective.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2.  Substitute includes a statement that limits
applicability of this Act only to prosecutions in which the
indictment, information, or complaint is returned on or after the
effective date.  The substitute also makes effects of the Act
prospective.

SUMMARY OF COMMITTEE ACTION

HB 732 was considered in a public hearing on March 27, 1995.
The following persons testified in favor of the bill:
     Robert (Bob) Carreiro, representing Justice for All, and
     Parents of Murdered Children;
     Jeanne Bayley, representing Justice For All and Parents of
     Murdered Children;
     and:
     Bill Lewis, representing Mothers Against Drunk Driving.

The following person testified on the bill:
     Robert Kepple, representing the Texas District and County
     Attorneys Association (TDCAA).

HB 732 was left pending in committee.  HB 732 was considered in a
formal meeting by the full committee on April 12, 1995.  The
committee considered a complete substitute for the bill.  The
substitute was adopted by a non-record vote.  HB 732 was reported
favorably as substituted, with the recommendation that it do pass
and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, and 3
absent.