AEZ C.S.H.B. 1689 75(R) BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 1689 By: Talton 5-7-97 Committee Report (Substituted) BACKGROUND Currently, Article 36.05, Code of Criminal Procedure, states that witnesses under rule shall not be allowed to hear testimony in a case. The enforcement of the rule empowering the court to exclude witnesses lies within the trial courts discretion. PURPOSE HB 1689, as proposed, would allow exclusion of a witness, by request to the court, who is a victim, close relative of a deceased victim, or guardian of a victim only if the requesting party provides the opposing party with a notice of intent, and the court allows the opposing party to contest the exclusion in open court. 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 Chapter 36 of the Code of Criminal Procedure by adding Art. 36.03 which allows the court, when requested, to order a witness excluded. The witness is excluded if they are a victim, a close relative of a deceased victim, or a guardian of a victim. The requestor must show intent before the trial commences by providing the opposing party a notice of intent to request a witness excluded; and the court must allow any contests that arise to occur in open court. The court still has the authority, on its own motion, to exclude a witness. SECTION 2: Effective date: September 1, 1997. SECTION 3: Emergency clause COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill stated that the requestor must have shown intent of their request by the 10th day before the trial commences, while the substitute states the requestor must show their intent before the trial commences.