SRC-AAA S.B. 261 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 261
By: Sibley
Jurisprudence
2-6-97
As Filed


DIGEST 

Currently, Section 1.13(c), Code of Criminal Procedure, requires an
attorney to be appointed in order for a defendant to waive a jury even if
the person is a non-indigent and does not want an attorney. Even though
the requirement that an attorney be appointed to waive a jury was only
meant to apply in felony cases, judges are treating the provision as
written, and are appointing attorneys in nonindigency cases for what would
otherwise be pro-se defendants, who are defendants representing
themselves.   Thus, counties are paying for attorneys for the limited
purpose of waiving a jury.  This bill makes it clear that Section 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

As proposed, S.B. 261 authorizes misdemeanor defendants to waive jury
trial without representation. 

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 waive a jury trial without representation of an
attorney, except in situations where the defendant is charged with a
felony, whereby the court must have appointed an attorney to represent the
defendant, if the defendant did not already have representation,  in order
for the defendant to waive a jury trial. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.