BILL ANALYSIS H.B. 2951 By: Kamel C.S.H.B. 2951 By: Hartnett 5-2-95 Committee Report (Substituted) BACKGROUND Article 34.01, Code of Criminal Procedure, provides that jury panels for criminal cases be selected in the same manner as the selection of panels for civil cases. However, Article 34.01, Code of Criminal Procedure, does not explicitly allow for electronic summoning of a special venire jury in a capital case. PURPOSE This bill will allow counties to use electronic jury selection and summoning in special venire cases. 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 adds Article 34.05 to the Code of Criminal Procedure to allow counties to use electronic jury selection and summoning in special venire cases. SECTION 2. Effective date. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 in the original bill amended Code of Crim. Proc. art. 34.01. Section 1 in the substitute adds a new Article 34.05 to the Code of Criminal Procedure. Sections 2 and 3 are the same in both versions. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted on March 15, 1995, the Committee on Judicial Affairs met in a public hearing on March 21, 1995. The Chair referred House Bill 2951 directly to the Subcommittee on Juries. The subcommittee members were Reps. Solis (Chair), Goodman and Zbranek. Pursuant to suspension of the five-day posting rule on April 25, 1995, while the House was still in session, the Subcommittee on Juries met in a public hearing on April 27, 1995, to consider H.B. 2951. The Chair laid out H.B. 2951 and recognized the author, Rep. Kamel, to explain the bill. Williamson County District Clerk Bobbie Wolbrueck, representing herself and the County and District Clerks' Association, testified for H.B. 2951. There were no other witnesses. Without objection, the Chair moved to leave H.B. 2951 pending before the subcommittee. Pursuant to a public notice posted on April 27, 1995, the Committee on Judicial Affairs met in a public hearing on May 2, 1995. The Chair recognized Rep. Hartnett for a motion. Rep. Hartnett moved to recall H.B. 2951 from subcommittee. There being no objection, the Chair recalled H.B. 2951 from subcommittee. The Chair laid out H.B. 2951 and recognized Rep. Hartnett to explain the bill. Rep. Hartnett offered a complete committee substitute for H.B. 2951. There being no objection, the Chair laid out C.S.H.B. 2951 and recognized Rep. Solis to explain the substitute. The Chair moved adoption of the substitute. There being no objection, the substitute was adopted. Rep. Hartnett moved to report H.B. 2951 favorably back to the full House, as substituted, with the recommendation that it do pass, be printed and sent to the Local and Consent Calendars Committee. The motion prevailed by the following record vote: 5 ayes, 0 nays, 0 PNV and 4 absent.