SRC-LBB S.B. 867 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 867
By: Wentworth
Criminal Justice
4/7/2003
As Filed


DIGEST AND PURPOSE 
 
Article 33.04, Code of Criminal Procedure, states that in certain
misdemeanor cases, those not subject to potential jail time, the defendant
may appear by counsel with the state's consent. 
As proposed, S.B. 867 authorizes a defendant to appear by counsel in
certain misdemeanor cases if the defendant's counsel stipulates to the
identity of the defendant. 

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 33.04, Code of Criminal Procedure, to authorize
the defendant to appear by counsel and for the trial to proceed without
the defendant's personal presence if the defendant's counsel stipulates to
the identity of the defendant in misdemeanor cases other than cases
described by Article 33.03.  Deletes the requirement relating to consent
by the state's attorney. 

SECTION 2.  (a)  Effective date:  September 1, 2003.

                       (b)  Makes application of this Act prospective.