By Shapiro                                       S.B. No. 978

      75R4138 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the invocation of the rule in a criminal trial.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 36.05, Code of Criminal Procedure, is

 1-5     amended to read as follows:

 1-6           Art. 36.05.  NOT TO HEAR TESTIMONY.  (a)  Witnesses under

 1-7     rule shall be attended by an officer, and all their reasonable

 1-8     wants provided for, unless the court, in its discretion, directs

 1-9     that they be allowed to go at large; but, except as provided by

1-10     Subsection (b), in no case where the witnesses are under rule shall

1-11     they be allowed to hear  any testimony in the case.

1-12           (b)  A victim in the case, a close relative of a deceased

1-13     victim in the case, or a guardian of a victim in the case may not

1-14     be excluded from the courtroom during the trial of the case unless

1-15     the victim, close relative, or guardian is to testify and the court

1-16     determines that the victim's, close relative's, or guardian's

1-17     testimony would be materially affected by hearing other testimony

1-18     at the trial.

1-19           (c)  This article does not deprive the judge of the authority

1-20     to control courtroom decorum by excluding individuals who are

1-21     emotionally distraught or unruly.

1-22           (d)  In this article,  "close relative of a deceased victim,"

1-23     "guardian of a victim," and "victim" have the meanings assigned by

1-24     Article 56.01.

 2-1           SECTION 2.  This Act takes effect September 1, 1997.

 2-2           SECTION 3.  The importance of this legislation and the

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.