SRC-TJG C.S.H.J.R. 44 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.J.R. 44
78R17862 BDH-DBy: Hughes (Ratliff)
Criminal Justice
5/23/2003
Committee Report (Substituted)


DIGEST 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, although only six-member juries are required in
other courts for the same cases. 

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

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 Section 13, Article V, Texas Constitution, to require
grand and petit juries in the district courts to be composed of twelve
persons, except that petit juries in a criminal case below the grade of
felony shall be composed of six persons.  Deletes existing text relating
the number of jury members in trials of criminal cases below the grade of
felony. 

SECTION 2.  Requires the proposed constitutional amendment to be submitted
to the voters at an election to be held September 13, 2003. Requires the
ballot to be printed to permit voting for or against the certain
proposition.