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.