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.