SRC-CDH S.B. 1827 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1827
By: Shapleigh
Criminal Justice
4-4-97
As Filed


DIGEST 

Currently, according to 1990 census data, more than 25 percent of Texans
are of Hispanic origin. Moreover, a majority of Hispanics in Texas speak a
language other than English at home.  However, in 1995 the Court of
Criminal Appeals of Texas ruled that denying a defendant community
supervision based on the person's inability to speak English was
constitutionally permissible.  This legislation prohibits a judge or jury
from denying a defendant community supervision based on the defendant's
race, ethnicity, alienage, national origin, sex, religion, disability,
age, social economic status, or inability to speak, read, write, hear, or
understand a particular language in order to ensure that Texas' criminal
justice policies and practices do not unfairly discriminate against
individuals who speak a language other than English.   

PURPOSE

As proposed, S.B. 1827 establishes the characteristics of a defendant that
may not be used by a judge or jury to deny community supervision, and to
characteristics of a defendant that may not be used by a prosecutor to
urge a judge or jury to deny community supervision.  

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 Section 3, Article 42.12, Code of Criminal Procedure, to
prohibit a defendant from being denied community supervision by a judge or
jury because of a defendant's race, ethnicity, alienage, national origin,
sex, religion, disability, age, social economic status, or inability to
speak, read, write, hear, or understand a particular language.  Requires
the charge of the court under the provisions of Articles 36.14 and 36.16
to include instructions as to the provisions of this section. Provides
that no prosecutor shall urge a judge or jury to deny a defendant
community supervision based on a defendant's race, ethnicity, alienage,
national origin, sex, religion, disability, age, social economic status,
or inability to speak, read, write, hear, or understand a particular
language. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.