PMWJ S.B. 24 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 24
By: Ratliff (Telford)
5-21-97
Committee Report (Unamended)


BACKGROUND 

 Currently, certain provisions relating to the terms of the 5th, 102nd,
and 202nd District Courts in Bowie County require that criminal cases be
dismissed, unless good cause is shown, if the indictment is not presented
against the defendant at the next term of court.  This requirement may
cause the defense and plaintiff attorneys to perform a function in the
court that is a matter of formal procedure.  


PURPOSE

 S.B. 24 extends the term of court to every 6 months for the 5th, 102nd,
and 202nd District Courts in Bowie County so that the formalities of the
criminal defense attorney filing a motion to dismiss and the district
attorney filing a response showing good cause are no longer necessary. 


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 Section 24.105(d), Government Code, to provide that the
terms of the 5th District Court begin in Bowie County on the first Mondays
in January and July, rather than the first Mondays in January, April, July
and October. 

 SECTION 2 amends Section 24.204(b), Government Code, to provide that the
terms of the 102nd District Court begin in Bowie County on the first
Mondays in January and July, rather than the first Mondays in January,
April, July and October. 

 SECTION 3. Amends Section 24.381(d), Government Code, to provide that the
terms of the 202nd District Court begin on the first Mondays in January
and July, rather than the first Mondays in January, April, July and
October. 

 SECTION 4. Effective date.

 SECTION 5. Emergency clause.