BILL ANALYSIS
S.B. 1060
By: Wentworth
Criminal Justice
4-12-95
Committee Report (Unamended)
BACKGROUND
Currently, when a jury has been impaneled for a trial and the
defendant withdraws the request for a jury trial or fails to appear
for trial, the court is forced to absorb the cost of impaneling the
jury.
PURPOSE
As proposed, S.B. 1060 authorizes a judge to impose a fee when a
defendant fails to appear for trial or fails to withdraw the
request for a jury in a timely manner.
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 Chapter 45, Code of Criminal Procedure, by adding
Article 45.251, as follows:
Art. 45.251. DEMAND FOR JURY TRIAL IN JUSTICE COURT OR
MUNICIPAL COURT; FAILURE TO APPEAR. (a) Authorizes a justice
or municipal court to order a party who demands a jury trial
in a justice or municipal court and who fails to appear for
the trial to pay the costs incurred for impaneling the jury.
(b) Authorizes the justice or municipal court to release a
party from the obligation to pay costs under this section
for good cause.
(c) Authorizes an order issued by a the justice or
municipal court under this section to be enforced by
contempt as prescribed by section 21.002(c), Government
Code.
SECTION 2. Amends Article 102.004(a), Code of Criminal Procedure,
to require a defendant in a justice court who requests a trial by
jury and who withdraws the request not earlier than 24 hours before
the time of trial to pay a jury fee of $3, if the defendant is
convicted of the offense or final disposition of the defendant's
case is deferred.
SECTION 3. Amends Chapter 30, Civil Practice and Remedies Code, by
adding Section 30.007, as follows:
Sec. 30.007. DEMAND FOR JURY TRIAL IN JUSTICE COURT; FAILURE
TO APPEAR. (a) Authorizes a justice court to order a party
who demands a jury trial in a justice court and who fails to
appear for the trial to pay the costs incurred for impaneling
the jury.
(b) Authorizes the justice court to release a party from
the obligation to pay costs under this section for good
cause.
(c) Authorizes an order issued by a justice court under
this section to be enforced by contempt as prescribed by
Section 21.002(c), Government Code.
SECTION 4. Repealer: Article 102.003, Code of Criminal Procedure
(Trial Fee).
SECTION 5. Effective date: September 1, 1995.
SECTION 6. (a) Makes application of Sections 2 and 4 of this Act
prospective.
(b) Makes application of Sections 1 and 3 of this Act
prospective.
SECTION 7. Emergency clause.