PMWJ S.B. 1083 75(R)BILL ANALYSIS


JUDICIAL AFFAIRS
S.B. 1083
By: Barrientos (Rhodes)
4-9-97
Committee Report (Unamended)



BACKGROUND 

 The 72nd Legislature revised the Government Code to address problems
justices of the peace were facing with selecting and summoning petit
juries by giving the justices the option of using either sheriffs or
constables to summon a jury.  The operation of justice courts would be
further streamlined if constables, as the chief process officer of the
justice courts, were given the authority to draw names from the jury
wheel.  
 In the 73rd Legislature, Regular Session, constables were given the
authority to serve summons for jury service for justice courts, but were
not given similar authority to summon additional prospective jurors if the
justice of the peace determines the jury pool is not large enough.
Granting constables this authority would expedite the operation of justice
courts because constables are normally present during justice court
proceedings.   


PURPOSE

 This bill grants constables the authority to participate with the
district clerk in the drawing of  names of prospective jurors from the
jury wheel for justice court juries.   
 In addition, SB 1083 would give constables the authority to summon
additional prospective jurors on the day of the trial if ordered to do so
by the justice of the peace. 


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 62.004 (a)-(d) of the Government Code as
follows: 
 Additions to Subsecs. (a)-(c) include the constable in the list of
authorized individuals to draw names from the jury wheel, and an addition
to Subsec. (d) authorizes a deputy to represent a constable at the
drawing. 

 SECTION 2 amends Section 62.015(b) of the Government Code to grant the
constable authority to summon additional prospective jurors to provide the
requisite number of jurors for the panel.   

 SECTION 3.  Emergency clause.  Effective date.