SRC-JFA C.S.H.B. 515 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 515
By: Dunnam (Sibley)
Jurisprudence
4-29-97
Committee Report (Substituted)


DIGEST 

Currently, Article 1.13(c), Code of Criminal Procedure, states that an
attorney must be appointed for an individual to waive a jury trial.  Some
judges are following the provision, as written, and appointing attorneys
in non-indigent cases for what would have otherwise been pro-se
defendants. Such districts pay for the attorneys to be appointed for the
limited service of waiving a jury trial. Some judges are not following the
literal wording of the provision by not appointing attorneys to waive the
jury trial.  The convictions in these districts may be void due to the way
the provision is currently stated.  This bill would amend Article 1.13,
Code of Criminal Procedure, to authorize a defendant to 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 the defendant. 
   
PURPOSE

As proposed, C.S.H.B. 515 authorizes a defendant to 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 the defendant. 

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 Article 1.13(c), Code of Criminal Procedure, to
authorize a defendant to 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 the defendant.   

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Omits proposed changes to Article 1.13(a), Code of Criminal Procedure.
Redesignates subsequent sections accordingly.