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.