MPA C.S.H.B. 142 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 142
By: Keel
Criminal Jurisprudence
3/4/1999
Committee Report (Substituted)



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. C.S.H.B. 142
entitles an attorney representing a defendant or the state 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 state's or 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  C.S.H.B. 142 differs from the original by adding the words "the
attorney representing the state or" in referring to who may request that a
pre-trial hearing be completed before jurors are examined.