HBA-ATS H.B. 743 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 743
By: Eiland
Criminal Jurisprudence
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Under current practice, many federal district courts permit government
counsel to have an investigative agent at counsel table throughout the
trial although the agent is or may be a witness. The practice is permitted
as an exception to the rule of excluding witnesses (Rule 615 of the Federal
Rules of Evidence) so that they cannot hear the testimony of other
witnesses.  H.B. 743 permits a peace officer to hear the testimony of other
witnesses in a criminal trial by prohibiting a court of this state from
sequestering a witness who is a peace officer in charge of the criminal
investigation, and by disapproving the application of Rule 614 of the Texas
Rules of Evidence from excluding that peace officer. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 36.05, Code of Criminal Procedure, as follows:

(a) Creates this subsection from existing text.

(b) Prohibits a court from placing under rule a witness who is a peace
officer in charge of the investigation of the criminal charges filed. It is
the opinion of the Office of House Bill Analysis that, in this context,
rule refers to the sequestration rule governing exclusion of witnesses from
court proceedings so they cannot hear the testimony of other witnesses. 

SECTION 2.  Disapproves the application of Rule 614 (Exclusion of
Witnesses), Texas Rules of Evidence, from excluding a witness who is a
peace officer in charge of the investigation of the criminal charges filed
from hearing the testimony of other witnesses in the case. 

SECTION 3.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.Emergency clause.