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.