HBA-KMH H.B. 3071 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3071 By: Hinojosa Criminal Jurisprudence 4/19/1999 Introduced BACKGROUND AND PURPOSE The failure of a court to faithfully enforce a mandatory statutory provision that has not been determined to be unconstitutional is an improper violation of the separation of powers, although it may not by considered an error for purposes of appeal of a conviction. H.B. 3071 expressly provides that a court is required to faithfully enforce mandatory provision of the Code of Criminal Procedure, but allows the court of appeals to determine its weight as to a verdict. 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 Chapter 1, Code of Criminal Procedure, by adding Article 1.011, as follows: Art. 1.011. JUDICIAL ENFORCEMENT. Requires a court to which a mandatory provision of the Code of Criminal Procedure applies to enforce faithfully that provision. Provides that the failure or refusal of a trial court to enforce a mandatory provision of the Code of Criminal Procedure is not a cause for reversal of a conviction if the appellate court determines that the failure or refusal was not outcome determinative. SECTION 2. Emergency clause. Effective date: upon passage.