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.