SRC-CDH S.B. 978 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 978
By: Shapiro
Criminal Justice
5-6-97
As Filed


DIGEST 

Currently, a defense attorney in a case can subpoena a victim in the case,
a close relative of a deceased victim in the case, or a guardian of a
victim in the case, which, in turn, excludes those persons from the
courtroom during the trial.  This legislation would allow the victim,
close relative of a deceased victim, or a guardian of a victim in the case
to remain in the courtroom unless any of those persons had to testify and
the court determined that the person's testimony would be materially
affected by hearing other testimony at the trial. 

PURPOSE

As proposed, S.B. 978 establishes the invocation of the rule in a criminal
trial.   

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 36.05, Code of Criminal Procedure, to prohibit a
victim in the case, a close relative of a deceased victim, or a guardian
of a victim from being excluded from the courtroom during the trial of the
case unless any of those persons are to testify and the court determines
that their testimony would be materially affected by hearing other
testimony at the trial. Provides that this article does not deprive the
judge of the authority to control courtroom decorum by excluding
individuals who are emotionally distraught or unruly.  Defines "close
relative of a deceased victim," "guardian of a victim," and "victim."
Makes conforming changes.    

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.