HBA-EDN H.B. 313 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 313 By: Allen Criminal Jurisprudence 4/2/2001 Introduced BACKGROUND AND PURPOSE Currently, a witness in a criminal court may be excluded from a courtroom so that the witness cannot hear the testimony of other witnesses if a court so orders under Rule 614, Texas Rules of Evidence. As many witnesses in criminal cases are either victims, victims' guardians, or close relatives of deceased victims, excluding these persons from the courtroom can compound the stress and anxiety which these victims or family members are already feeling, particularly if the victim or family member does not wish to be excluded from the courtroom. House Bill 313 allows a witness to be excluded only if the court determines that such a witness would be materially affected by hearing other testimony at the trial. 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. ANALYSIS House Bill 313 amends the Code of Criminal Procedure to authorize a court, at the request of a party, to exclude from the courtroom a witness who for the purposes of the prosecution is a victim, close relative of a deceased victim, or guardian of a victim only if the witness is to testify and the court determines that the testimony of the witness would be materially affected if the witness hears other testimony at the trial. The bill authorizes the court, on the objection of the opposing party, to require the party requesting exclusion of a witness to make an offer of proof to justify the exclusion. EFFECTIVE DATE September 1, 2001.