H.J.R. 44 78(R)    BILL ANALYSIS


H.J.R. 44
By: Hughes
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, both the Texas Code of Criminal Procedure and the Texas
Constitution require that 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 that 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. 

H.J.R. 44 proposes a constitutional amendment to permit a six-person jury
in a district court misdemeanor trial. 

RULEMAKING AUTHORITY

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

ANALYSIS

H.J.R. 44 amends Section 13, Article V of the Texas Constitution to
requires a  six-person jury in a criminal case below the grade of felony. 

FOR ELECTION

The amendment shall be proposed to the voters at an election on November
4, 2003.  The ballot shall be printed to permit voting for or against the
proposition:  "The constitutional amendment to permit a six-person jury in
a district court misdemeanor trial."