By Longoria H.B. No. 73
75R947 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disqualification of a judge in a criminal case.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 30.01, Code of Criminal Procedure, is
1-5 amended to read as follows:
1-6 Art. 30.01. CAUSES WHICH DISQUALIFY. (a) No judge or
1-7 justice of the peace shall sit in any case where he may be the
1-8 party injured, or where he has been of counsel for the State or the
1-9 accused, or where the accused or the party injured may be connected
1-10 with him by consanguinity or affinity within the third degree, as
1-11 determined under Chapter 573, Government Code.
1-12 (b) In addition to the grounds listed in Subsection (a) of
1-13 this article, a judge or justice of the peace shall disqualify
1-14 himself in any case in which:
1-15 (1) his impartiality might reasonably be questioned;
1-16 (2) he has a personal bias or prejudice concerning a
1-17 party;
1-18 (3) he has personal knowledge of disputed evidentiary
1-19 facts concerning the case; or
1-20 (4) his spouse or a person connected with him or his
1-21 spouse within the first degree of consanguinity or affinity is an
1-22 attorney involved in the case.
1-23 (c) If a party files a motion to disqualify under this
1-24 article, and the judge or justice of the peace does not grant the
2-1 motion, the judge or justice of the peace shall follow the same
2-2 procedure in disposing of the motion as a motion for recusal or
2-3 disqualification in a civil case under Rule 18a, Texas Rules of
2-4 Civil Procedure.
2-5 SECTION 2. (a) The change in law made by this Act applies
2-6 only to the trial for an offense that commences on or after the
2-7 effective date of this Act.
2-8 (b) The trial of an offense that commenced before the
2-9 effective date of this Act is governed by the law in effect when
2-10 the trial began, and the former law is continued in effect for that
2-11 purpose.
2-12 SECTION 3. This Act takes effect September 1, 1997.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.