H.B. 830 78(R)    BILL ANALYSIS


H.B. 830
By: Hughes
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND 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 who routinely and extensively
try Class A and B misdemeanor cases are still required to use
twelve-member juries, where only six-member juries are needed in other
courts for the same cases. 

House Bill 830 serves as enacting legislation for a constitutional
amendment allowing for misdemeanors tried in district courts to have
six-person juries. With district courts trying these specific cases in
front of six-person juries, thereby reducing the number of jurors needed,
this bill lessens the financial burden on district courts. 

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

House Bill 830 amends the Code of Criminal Procedure to allow misdemeanor
offenses, tried in district courts, to have six-person juries. 

EFFECTIVE DATE

January 1, 2004, but only if H.J.R. 44 is approved by the voters.