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.