AEZ H.B. 515 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 515
By: Dunnam
2-26-97
Committee Report (Unamended)



BACKGROUND 

Currently, Article 1.13(c), Code of Criminal Procedure, requires an
attorney to be appointed in order for a defendant to waive a jury trial
even if the person is a non-indigent and does not want an attorney.
Legislative history indicates that this provision was only meant to apply
to felony cases. Subsequent court rulings indicate that it should also be
applied to misdemeanors due to its wording. This bill makes it clear that
Article 1.13(c), Code of Criminal Procedure, only applies to felony cases,
and that defendants in misdemeanor cases may waive their right to counsel
and jury, and enter a pro-se plea. 

PURPOSE

HB 515, as proposed, authorizes misdemeanor defendants to waive a jury
trial without representation. This legislation is not intended to alter
the process of indigency cases. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 1.13(c), Code of Criminal Procedure, to read as
follows: 
 
 (c)  A defendant may agree to waive a jury trial regardless of whether
the defendant is represented by an attorney at the time of making the
waiver, but before a defendant charged with a felony who has no attorney
can agree to waive the jury, the court must appoint an attorney to
represent him. 

SECTION 2.  Change in law made by this Act applies only to a trial that
commences on or after the effective date of this Act. 

SECTION 3.  Effective date:  September 1, 1997

SECTION 4:  Emergency clause.