C.S.H.B. 207 78(R)    BILL ANALYSIS


C.S.H.B. 207
By: Puente
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Code of Criminal Procedure, Chapter 33, Mode of Trial, Article 33.04
states that in certain misdemeanor cases (no jail time) the defendant may
appear by counsel with the state's consent.  

On September 1, 1999, Chapter 45 "Justice And Municipal Courts,"  was
added to the Texas Code of Criminal Procedure to establish procedures for
processing cases that come within the criminal jurisdiction of the justice
courts and municipal courts. 

Article 45.020 "Appearance by counsel" states "the defendant has a right
to appear by counsel as in all other cases."  This section does not
require the State to consent to the defendant's absence. 
  
The purpose of this bill is to provide for defendant's right to appear by
counsel in class C misdemeanor cases without the state's consent.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 207 amends article 33.04 to allow defendants to appear by counsel
in certain misdemeanor cases without the consent of the state's attorney. 

Trial may proceed without the defendant's presence, on condition that
counsel stipulates to the identity of the defendant.  

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 207 differs from the original H.B 207 by adding a provision in
Section 1, allowing the counsel to stipulate to the identity of the
defendant.