SRC-CDH S.J.R. 34 75(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 34
By: Carona
Criminal Justice
3-19-97
As Filed


DIGEST 

Currently, a basic principle of constitutional law is that no state may
infringe upon the protections granted to criminal defendants in the U.S.
Constitution.  States may, however, grant greater rights to criminal
defendants.  In a series of cases, including Richardson v. State, Autran
v. State, and Bauder v. State, the Texas Court of Criminal Appeals has
interpreted the Texas Constitution as granting greater rights to criminal
defendants than the U.S. Constitution, regarding certain Fourth and Fifth
Amendment rights.  This legislation attempts to toughen Texas' stance on
crime by amending the Texas Constitution to prevent judges from
interpreting the Texas Constitution to grant greater rights to criminal
defendants than those provided by the U.S. Constitution.   

PURPOSE

As proposed, S.J.R. 34 proposes a constitutional amendment establishing
the rights of a defendant in a criminal case. 

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 I, Texas Constitution, by adding Section 31, as
follows: 

Sec. 31.  Prohibits the constitutional rights granted to criminal
defendants by Sections 9, 10, 13, 14, and 19 of this article from being
construed as granting those defendants rights greater than those provided
criminal defendants by the United States Constitution, as the United
States Constitution is construed by the United States Supreme Court.   

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 4, 1997.  Sets forth the
required language of the ballot.