BILL ANALYSIS


                                                         S.B. 886
                                                    By: Wentworth
                                                 Criminal Justice
                                                         04-19-95
                                     Committee Report (Unamended)
BACKGROUND

Currently, no time period exists within which a civil cause must be
re-tried 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.

PURPOSE

As proposed, S.B. 886 authorizes a retrial of a case as soon as
practicable in which a mistrial has been declared in a justice or
municipal court.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 45.40, Code of Criminal Procedure, as
follows:

     Art. 45.40.  MISTRIAL.  Requires a jury to be discharged if it
     fails to agree to a verdict after being kept together a
     reasonable time.  Authorizes a cause to be tried again during
     the same term or during another term.  Deletes the provision
     that, on the same day, another jury may be impaneled to try
     the cause, or that the justice may adjourn for not more than
     two days and again impanel a jury to try such cause if there
     is adequate time.
     
SECTION 2. Amends Chapter 30, Civil Practice and Remedies Code, by
adding Section 30.007, as follows:

     Sec. 30.007.  MISTRIAL IN JUSTICE COURT OR MUNICIPAL COURT. 
     Authorizes a cause to be tried again as soon as practicable if
     a jury in a trial in a justice court or a municipal court is
     discharged without having rendered a verdict.
     
SECTION 3. Effective date: September 1, 1995.
           Makes application of this Act prospective.

SECTION 4. Emergency clause.