SRC-TAG H.B. 830 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 830
78R3653 BDH-DBy: Hughes (Ratliff)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Currently, both the Texas Code of Criminal Procedure and the Texas
Constitution require all cases tried in a district court have a jury
comprised of twelve jurors, regardless of the class of the alleged
offense.  Class A or B misdemeanors requiring trial are tried in front of
a six-person jury. However, district courts which routinely and
extensively try Class A and B misdemeanor cases are still required to use
twelve-member juries, although only six-member juries are required in
other courts for the same cases.  H.B. 830 is the enacting legislation for
a constitutional amendment allowing for misdemeanors tried in district
courts to be tried before six-person juries.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 33.01, Code of Criminal Procedure, as follows:

Art. 33.01.  New heading: JURY SIZE.  (a)  Requires the jury, in the
district court, to consist of twelve qualified jurors, except as provided
by Subsection (b).  Requires the jury to consist of six qualified jurors,
in the county court and inferior courts.  Makes nonsubstantive changes. 

(b)  Requires the district court jury to consist of six qualified jurors,
in a trial involving a misdemeanor offense. 

SECTION 2.  Provides that this Act takes effect January 1, 2004, but only
if the constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, permitting six-person juries in district court misdemeanor
trials is approved by the voters.  Provides that if that amendment is not
approved by the voters, this Act has no effect.