BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1744

                                                                                                                                            By: Eltife

                                                                                                                                      Jurisprudence

                                                                                                                                            3/28/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, Texas law provides juvenile defendants the right to have their case heard by a jury; however, the state does not have the authority to request a jury trial if the juvenile waives that right.

 

As proposed, S.B. 1744 requires a trial to be by jury unless that right is specifically waived by the juvenile and the juvenile's attorney with the consent and approval of the court and the attorney representing the state.

 

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 54.03(c), Family Code, as follows:

 

(c)  Requires trial to be by jury unless jury is waived by the child and the child's attorney in accordance with Section 51.09 (Waiver of Rights), with the consent and approval of the court and the attorney representing the state. 

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2007.