SRC-JJJ S.B. 1125 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1125
76R8696 TBy: Armbrister
Criminal Justice
3/26/1999
As Filed


DIGEST 

Currently, the use of mediation, dispute resolution, or arbitration in
civil cases in which the parties are incapable of resolution may not
require a trial.  As such, the Civil Practice and Remedies Code sets forth
a procedure for mediation.  Courts which enter an order requiring the State
of Texas to participate in mediation have intruded into the discretionary
area of authority of the state's prosecutor and disregard the authority of
the legislature in its statutory enactments regulating the prosecutor's
duties.  S.B. 1125 would establish conditions regarding mediation in
criminal cases. 

PURPOSE

As proposed, S.B. 1125 establishes conditions regarding mediation in
criminal cases. 

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 26.13, Code of Criminal Procedure, by adding
Subsection (h), to prohibit a court, notwithstanding this article, from
ordering the State of Texas and any of the state's prosecuting attorneys,
to participate in mediation, dispute resolution, arbitration, or other
similar procedures, in relation to a criminal prosecution unless upon
written consent from the state. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.