SRC-HRD H.B. 455 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 455
By: Lewis (West)
Jurisprudence
5-9-97
Engrossed


DIGEST 

Currently, Texas law allows either party in a civil case to object to the
assignment of a judge in a district court or in a statutory county court.
This option exists to provide defendants the ability to ensure impartial
hearing of trials.  Presently, this option is not available to defendants
in criminal cases and may serve to undermine fair and impartial trials
and/or court proceedings.                        
This bill would allow either party in a criminal case the ability to
object to an assigned judge.         

PURPOSE

As proposed, H.B. 455 authorizes a party to a criminal case to object to
an assigned judge. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 74.053(a) and (b), Government Code, to require
the presiding judge, when a judge is assigned under this chapter, rather
than when a judge is assigned under this chapter and if it is reasonable
and practicable and if time permits, to give notice of the assignment to
each attorney representing a party to the case that is to be heard in
whole or part by the assigned judge. Prohibits the judge from hearing the
case if a party to a civil or criminal case files a timely objection to
the assignment.  Provides that this subsection applies in a criminal case
only if the criminal case is before a court in a county having a
population of more than 500,000. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.