BILL ANALYSIS



H.B. 1393
By: Place
3-28-95
Committee Report (Unamended)


BACKGROUND

Currently, Article 45.40 of the Code of Criminal Procedure requires
a jury in a justice or corporation court to be discharged if it
fails to reach a verdict within a reasonable period of time.  If a
new jury is impaneled to retry the cause, it must be done within
two days of the original jury's failing to reach a verdict.  This
requirement creates an undue hardship on small courts, which may
only conduct court once per week or even once per month.

PURPOSE

If enacted, H.B. 1393 would allow justices of the peace and
municipal court judges thirty days in which to impanel a new jury
to try a case which has been previously tried to a hung jury.

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 Article 45.40, Code of Criminal Procedure
(MISTRIAL), by lengthening the time allowed to impanel a new jury
(after discharging a hung jury), from two days to thirty days.

SECTION 2.  Emergency clause. 

SUMMARY OF COMMITTEE ACTION

On March 27, 1995, HB 1393 was considered in a public hearing.  The
following person testified in favor of HB 1393:  Michael O'Neal
representing the Texas Municipal Courts Association.  HB 1393 was
left pending in Committee.  On March 28, 1995, HB 1393 was
considered in a formal meeting.  HB 1393 was reported favorably,
without amendment, with the recommendation that it do pass and be
printed and be sent to the Committee on Local and Consent
Calendars, by a record vote of 8 ayes, 0 nays, 0 pnv, and 1 absent.