BILL ANALYSIS C.S.S.B. 886 By: Wentworth (Place) 05-17-95 Committee Report (Substituted) BACKGROUND Currently, no time period exists within which a civil cause must be retried after a mistrial is declared. The Code of Criminal Procedure requires that a criminal cause be tried again within two days, while the Civil Practice and Remedies Code does not establish a time period for retrial of a civil cause. Justice and municipal courts' dockets are crowded. When a mistrial happens, it becomes extremely difficult to comply with present law in resetting the case for trial on the same day or within the two day limit now found in Article 45.40, Code of Criminal Procedure. PURPOSE If enacted, C.S.S.B. 886 would allow more time for a justice to impanel a new jury following a mistrial. It would also allow a cause in a justice or municipal court to be retried if the jury fails to reach a verdict. 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 increasing the maximum allowable time a justice may adjourn to impanel a new jury to try a cause from two to 30 days. SECTION 2. Amends Chapter 30, Civil Practices and Remedies Code, by adding Section 30.007 as follows: Sec. 30.007. MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT. Allows the cause to be retried, after a mistrial, as soon as practicable. SECTION 3. Effective date: September 1, 1995. Makes effect of the Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 of the original and the substitute amends Article 45.40, Code of Criminal Procedure. The substitute increases the maximum allowable time for a justice to adjourn to impanel a new jury after a mistrial from two to 30 days. SECTION 1 of the original allows the cause to be tried again during the same term or during another term if the jury fails to reach a verdict after a reasonable time. SUMMARY OF COMMITTEE ACTION SB 886 was considered by the full committee in a formal meeting on May 17, 1995. The committee considered a complete committee substitute. The substitute was adopted without objection. SB 886 was reported favorably as substituted, with the recommendation that it do pass and be printed and be sent to the Local and Consent Calendars, by a record vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.