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.