BILL ANALYSIS S.B. 1655 By: Ratliff Criminal Justice 4-28-95 Committee Report (Unamended) BACKGROUND Article 36.09 of the Code of Criminal Procedure allows two or more defendants who are charged with the same offense to be tried together before on jury. However, two or more defendants are automatically prohibited from being tried together if one of the defendants has a previous admissible conviction. PURPOSE As proposed, S.B. 1655 deletes the provision that it be made known to the court that there is a previous admissible conviction against one defendant when two or more defendants who are jointly or separately charged with offenses arising from the same criminal transaction are being tried jointly. 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 36.09, Code of Criminal Procedure, as follows: Art. 36.09. SEVERANCE ON SEPARATE INDICTMENTS. Deletes the provision that it be made known to the court that there is a previous admissible conviction against one defendant when two or more defendants who are jointly or separately indicted or complained against for the same offense or an offense growing out of the same transaction are tried jointly. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.