SRC-BWC H.B. 1181 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1181
By: Capelo (Whitmire)
Criminal Justice
5/11/2001
Engrossed

This analysis is based on the House Committee Report, which is the most
recent version available to the Senate Research Center. 

DIGEST AND PURPOSE 

Members of juries in criminal trials are often susceptible to threats or
intimidation.  There have even been reports of instances in which jury
members were so intimidated that the punishment phase of the trial by the
jury was ended out of concern for the jurors' safety and as a result, the
defendant was given a life sentence rather than a death sentence to avoid a
mistrial.  Under current law, penalties for harming or threatening a juror
may not be sufficient to prevent these types of situations from occurring.
H.B. 1181 increases the penalties for harming or threatening a juror.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

ANALYSIS

H.B. 1181 amends the Penal Code to provide that an offense of obstruction
or retaliation is a second degree felony if the victim of the offense was
harmed or threatened because of the victim's service or status as a juror. 

Effective date: September 1, 2001.
Makes application of this Act prospective.