HBA-MPA H.B. 142 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 142
By: Keel
Criminal Jurisprudence
2/3/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, when an attorney questions potential jurors about their ability
to follow the law based upon the evidence in criminal cases, the attorney
may not know whether or not evidence that is the subject of pre-trial
motions to suppress or other motions will be admissible. H.B. 142 entitles
an attorney representing a defendant to get a ruling on such issues, if the
appropriate motions have been timely filed, before questioning potential
jurors summoned for jury service in a criminal case. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1, Article 28.01, Code of Criminal Procedure, to
require that a court set a pre-trial hearing in a criminal case, upon the
timely request of the defendant's attorney. Provides that the hearing must
be completed before examination of prospective jurors (voir dire) under
Article 35.17, Code of Criminal Procedure, to determine their qualification
and suitability can begin. 

SECTION 2.  Effective date:  September 1, 1999.  
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.